Q: Why would a carrier even consider a claim for inside plumbing when our CC&R clearly indicates that inside plumbing issues and damages is the responsibility of the owner? Don’t they read the CC&R when writing the policy? Are we paying extra premium for this inside coverage? Read the Q&A…………………………..
How to Overcome Homeowner Compliance Challenges in Your HOA (CA)
Misconceptions often plague homeowners’ associations, causing friction and discord among community members. The erroneous belief that all residents automatically read, follow, and never ignore the rules can lead to challenges in ensuring homeowner compliance. These misunderstandings can disrupt the harmony and functionality of an HOA. However, there is a powerful tool that can address these […]
Does an Exchange of Emails Constitute a Board Meeting? (CA)
Under the California General Corporation Law, a board of directors can take action in two different ways – at a meeting or by unanimous written consent. See Cal. Corp. Code § 307. Over a decade ago, I posed the question of whether a director could consent by email. Read the article…………………………….
HOA Emergency Preparedness: How to Create an Emergency Response Plan for Your Community
In today’s unpredictable world, having a well-thought-out emergency response plan is crucial for any homeowners association (HOA). Emergencies can strike at any moment, from natural disasters to unexpected events, and being prepared can mean the difference between chaos and a coordinated, efficient response. Read the article……………………………..
California HOAs Must Prepare for New Balcony Requirements
Community associations in California must meet new balcony inspections requirements by the end of 2024. The state’s “balcony bill,” SB 721, was approved by Gov. Jerry Brown in 2018. The bill requires an inspection of “exterior elevated elements” within all multifamily residential buildings containing three or more dwelling units no later than Jan. 1, 2025. […]
HOA Homefront – Ideas and modifications for purely virtual meetings (CA)
In 2024, Civil Code 4926 will permit 100% virtual meetings along with the current in-person and hybrid meeting formats. Readers have submitted numerous questions since the pandemic (and explosion of virtual meetings) began regarding what is allowable for virtual meetings. Read the article………………………………
The Key to Unlocking Financial Resilience in Your HOA
Homeowner associations are at the heart of community well-being, orchestrating the collective rhythm of neighborhood life. Among the myriad responsibilities shouldered by HOA boards, navigating the financial maze emerges as a daunting challenge. Read the article……………………………….
Balcony inspections: California community associations must prepare for new requirements
The state’s “balcony bill,” SB 721, was approved by Gov. Jerry Brown in 2018. The bill requires an inspection of “exterior elevated elements” within all multifamily residential buildings containing three or more dwelling units no later than Jan. 1, 2025. It was formulated in response to a tragic balcony collapse in Berkeley, Calif., in 2015, […]
How to abuse the bankruptcy court and your HOA at the same time (CA)
This case study revolves around a homeowner’s association (HOA) located in the State of California dealing with a property owned by six individuals that has been plagued by chronic delinquency since 2008. The association embarked on a journey to recover the long-standing debt through non-judicial foreclosure. However, the owners resorted to a series of bankruptcy […]
AB 648 Signed! Virtual HOA Meetings (CA)
On September 22, 2023, Governor Newsom signed AB 648 into law to finally permit homeowners associations (“HOAs”) throughout California to conduct board meetings entirely be teleconference (aka “virtual meetings“). While existing law permits an HOA to conduct teleconference meetings, HOAs are still required to specify a “physical location” for the meeting at which members or […]
Common HOA Maintenance Mistakes and How to Avoid Them (CA)
Homeowners’ associations (HOAs) play a pivotal role in maintaining community standards and preserving property values. Maintenance is often a top priority when managing a homeowner’s association (HOA). However, common HOA maintenance mistakes can occur even with the best intentions, leading to headaches and unexpected costs. Recognizing and understanding these errors is the first step to […]
Although Fee Award Against HOA Belongs To Attorney, Attorney Had To Offset For Contingency Fee Already Received (CA)
Koehler v. Prinz, Case No. C095229 (3d Dist. Sept. 25, 2023) (unpublished) is a case which shows that attorneys need to be careful when they receive a fee award which belongs to them, discussing the fee award with the client and then agreeing on an offset for contingency fees already received. Read the article………………………………
New Reserve Study Standards (CA)
The primary duty of an association is to maintain, repair, and replace the common areas. That is why they are created in the first place. Unfortunately, boards failed their duties at Champlain Towers, and 98 people died. In the wake of that tragic loss, new standards were implemented nationwide to help avoid future losses. Read […]
HOA Board Governance: How to Overcome Rule Enforcement Hurdles
One of the primary responsibilities of an HOA is to ensure that residents adhere to established norms and standards. These rules and regulations are put in place to maintain the aesthetic appeal of the community, protect property values, and foster a harmonious living environment for all residents. However, the task of enforcing these rules is […]
Email Discussions Between HOA Board Members are not “Meetings” (CA)
The Open Meeting Act (“OMA”) contains various provisions regulating how the Board of Directors of a homeowners association (“HOA”) may meet and conduct business. One of the most common questions we receive pertains to whether e-mail exchanges between Board members on items of HOA business constitute a “board meeting” under the OMA, even if those […]
Tenant Background Check and the Civil Rights Department Act (CA)
California’s Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH) has the responsibility of enforcing state fair housing laws, such as California’s Fair Employment and Housing Act, which makes it illegal for housing providers[1] to discriminate against tenants with a protected characteristic. Many boards of directors want to gain […]
Resolving Conflict – How One HOA Board Changed the Direction of a Building
Built as one of the tallest and most luxurious residential high-rise buildings in the country, Millennium Tower in San Francisco has gained fame for something far less flattering. The 58-story building is the site of one of the most expensive construction retrofits in history. Read the article………………………..
Blazing Speed and Blazing Fires: E-bike Fires and Policy Considerations (CA)
If you have read or watched the news in the last few months, you know that Associations should consider adopting policies to address e-bike safety issues. Some associations may already have rules prohibiting wheeled recreational devices, like bikes, scooters, and skateboards, from being used in the common area where there are likely to be people […]
Ensuring Adequately Funded Reserves (CA)
Throughout the state, many older common interest developments (CIDs) are struggling with costly repairs and large maintenance projects as buildings age. Is your CID prepared to replace major components without a special assessment? Read the article………………………..
HOA Reserve Studies: How to Use Reserve Study Data to Plan for Changing Economic Conditions
Homeowners Associations (HOAs) play a crucial role in maintaining the value and functionality of communities. Part of this responsibility involves managing financial reserves to cover future expenses, such as repairs and replacements of common elements. Read the article………………………..
Aging Infrastructure & Insurance (CA)
It is no secret that the insurance industry, especially for common interest developments in California, is in crisis. After several years of wildfires and other natural disasters, carriers are not only charging higher premiums, but also revising eligibility requirements with regard to infrastructure and giving greater scrutiny to insurance applications. Read the article………………………..
Court Rules Email Exchanges Without Board Action Are Not Board Meetings (CA)
The Court of Appeals for the Fourth Appellate District just held that an email discussion among board members regarding items of association business did not violate the Open Meeting Act, because such email exchanges are not considered “board meetings” as that term is defined in Civil Code section 4090(a). Read the article………………………..
/1 DCA Reverses As A Matter Of Law Adverse Fee Awards Against Homeowners Not Prevailing On Common Interest Development Open Meeting Act (OMA) Violations
Fees Are Not Awardable To Prevailing HOAs Under OMA Violations; Costs Were Not Proper Because Homeowners’ Action Was Not Frivolous, Unreasonable, Or Without Foundation. Read the article………………………..
Who Can Attend HOA Board Meetings? (CA)
HOA board meetings stand as vital gatherings, serving as a cornerstone for addressing community matters, making consequential decisions, and fostering open communication among members. The HOA board should be committed to ensure that these meetings are transparent, inclusive, and productive. Read the article………………………..
Are Your HOA Volunteers Covered for Injuries?
Homeowners Associations (“HOAs”) rely on the efforts of their volunteer directors, officers, and committee members to perform all manner of tasks needed in assisting the HOA with its operations. Participation by these HOA volunteers in common tasks such as site inspections, including slope inspections, landscape committee walk-throughs, and even meeting room set up and take […]
Homeowner Associations, Prevailing Party: HOA’s $139,977 Attorney’s Fees Award, Made After Homeowners Dismissed Their Lawsuit (CA)
In Matus v. Freedom West Homes Corp., Case No. A165736 (1st Dist., Div. 2 Aug. 21, 2023) (unpublished), a group of homeowner plaintiffs filed a lawsuit against HOA, which was ordered into arbitration. Plaintiffs dismissed their court case without prejudice 15 months later, with the record reflecting they had not initiated arbitration but were thinking […]
Case Study – Westside Manor HOA – From Break-Ins to Breakthroughs
(I normally don’t publish articles that are basically press releases, but I think this one is something I’m going to see more of in the future) Westside Manor, an ungated, middle-class community in San Jose, California had a problem with daytime break-ins and trespassing. Adjacent to a high school and an expressway, much of the neighborhood’s […]
To Pickleball or Not to Pickleball? That is the Question (CA)
Pickleball is one of America’s fastest-growing sports.[1] This surge has in turn generated professional tournaments, corporate sponsors, and professional players. Many homeowners, eager for a new amenity and a new hobby, have asked their community associations to create pickleball courts. Read the article………………………..
Codes of Conduct for Association Volunteers (CA)
Generally, board members of common interest developments are volunteers dedicating their time, skills and energy to serve the communities within which they live. Indeed, without these director volunteers, community associations would be unable to properly function. Similarly, committee members are volunteers who work on specific projects within a community. Read the article………………………..
What If Our Association’s Fire/Casualty Insurance Is Cancelled Due To Risk Of Wildfires? (CA)
If your Association is located in a high-risk fire area, what can your Board of Directors do if the current master policy of fire and casualty insurance on your condominium or townhome buildings is not renewed? Due to the massive wildfires that have swept California over the past two years, many insurance companies (and their […]
“Business Judgment Rule” Applies to HOA (CA)
California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the organization’s best interest.” Read the article………………………..
Court Steps in to Force Recalled HOA Board to Step Down (CA)
The Court of Appeals recently ruled in Lake Lindero Homeowners Association, Inc. v. Barone that Corporations Code section 7616 may be used to validate a recall election removing the former board of an homeowners association (“HOA”), in addition to validating the election of a new HOA board. Read the article………………………..
Can HOA Board Members Meet in Private? (CA)
Within homeowners associations, the question of whether HOA board members can meet in private often stirs curiosity and concern. In this article, we’ll explore the intricacies of private meetings for HOA board members and shed light on the legal and ethical considerations that must be considered. Read the article………………………..
The Hazards of Inconsistent Violation Enforcement in an HOA (CA)
As members of an HOA board, it is crucial to recognize the importance of consistently enforcing community rules and regulations. Inconsistencies in handling rule violations not only jeopardize the overall harmony and order within the community but also expose the board to potential legal liabilities. Read the article………………………..
HOA Homefront — Tips regarding ‘bare walls’ property insurance
Quite recently two of the largest residential property insurance companies announced major cutbacks in California. State Farm announced it had stopped accepting applications for any California insurance policies, and Allstate announced it was “pausing” from any issuing new homeowners insurance and HOA insurance policies to protect existing customers. Many HOAs are now experiencing skyrocketing property […]
How to Handle the Spike in Insurance Premiums (CA)
California is no stranger to wildfires, and as a result, insurance companies have become hesitant to write policies for communities subject to damage caused by them. Also, the Department of Insurance regulates admitted carriers and limits insurance premium amounts allowed. Read the article………………………..
HOA Capital Improvements: How to Maintain and Upgrade Community Infrastructure (CA)
As an HOA board member, you know that maintaining community infrastructure is crucial. From roads and sidewalks to community buildings and amenities, these structures play a vital role in keeping your residents safe and happy. Therefore, it is essential to plan and execute regular capital improvement projects. Read the article………………………..
Solar Panels In Homeowners Associations: How Best To Implement Standards And Regulations Within The Confines Of The Law (CA)
As technology inevitably changes over time so too must architectural standards and the laws that govern them. Nowhere is this more apparent than with solar panels. Advancements in technology make it possible for homeowners to place solar panels directly on the roofs of their units. Such solar panels make it more affordable for the unit […]
Balcony Inspections (CA)
By now most of you are aware that in August, 2019, Governor Newsom signed Senate Bill No. 326 (“SB 326”) into law, adding Civil Code section 5551 to the Davis-Stirling Act. This statute requires associations to perform inspections of balconies and other exterior elevated elements that the association has an obligation to maintain and/or repair […]
Fire Safety and Prevention for HOA Communities in Sacramento (CA)
As an HOA community in Sacramento, fire safety should be one of your top priorities. Preventing fires from happening and being prepared in the event of an emergency can minimize danger and avoid severe damage. Read the article………………………..
Is an HOA Board Required to Pursue Violations Brought Up by Homeowners? (CA)
Living in a homeowners association offers numerous benefits, such as shared amenities, maintenance services, and community regulations that contribute to an attractive living environment. However, disagreements and concerns regarding violations of HOA rules can arise among homeowners. When homeowners report perceived violations, it’s essential to understand the role and responsibilities of the HOA board in […]
New Legislation: California Paves the Way for Mandatory EV Charging Stations in Existing Buildings
For more than a decade, the California Legislature has passed laws making it easier for residents to install electric vehicle (“EV”) charging stations within HOAs. For example, in 2011, the Legislature enacted what is now Civil Code section 4745, which nullified any provision in an HOA’s governing documents which prohibited homeowners from installing EV charging […]
The Hidden Costs of Skipping HOA Maintenance
As an HOA board member or manager, there will undoubtedly be moments when it takes time to meet the demands of association maintenance. After all, managing an entire homeowner’s association can be both time-consuming and costly – two resources that every member wants to save. Read the article………………………..
The Impact of Inadequate Reserve Funding by the HOA Board (CA)
Homeowners associations are established to ensure the proper maintenance of common areas, amenities, and other community resources. To fund these, HOAs rely on the contributions made by homeowners in the form of regular assessments and reserve funds. The reserve fund is essential in ensuring that the HOA can cover unforeseen expenses, repairs, or replacement of […]
Determining the Best Time (and Steps) to Update Governing Documents
Governing docs are the core of how an association operates. Keeping them up-to-date is crucial to ensure everything is clearly laid out and communicated to members. Long-time board members typically have a deep understanding of what goes into governing docs. However, for new board members and homeowners, it’s important to establish what they are, how […]
The Importance of HOA Landscaping Maintenance and Improvements (CA)
Managing and maintaining an HOA community can be a difficult task. Still, landscaping is one of the most essential elements to consider when it comes to enhancing your neighborhood’s aesthetic appeal. Property values are directly tied to curb appeal, so taking care of HOA landscaping adds value and allows for the enjoyment of living in […]
Homeowner Associations: 50% Pro-Rata Fee Award To HOA By Arbitrator Affirmed On Appeal (CA)
In Fairly-Haze v. Whitesails Community Assn., Case No. B311574 (2d Dist., Div. 6 May 4, 2023) (unpublished), HOA primarily won an arbitration proceeding which involved assignment of a handicapped car space in return for a surrender of another space by homeowners. Read the article………………………..
HOA Management Budget: The Importance of a Cost/Benefit Analysis
Establishing and maintaining a HOA budget can be a delicate process. It’s a key component of board member responsibilities and comes with its fair share of challenges. While no one wants monthly dues to go up, inflation, maintaining property values, and other economic factors affect this decision. Read the article………………………..