Who Will Pay for the Damage Caused by Flooding and Rising Sea Levels? It Could Be Your Homeowners Association! Read the article………………………..
Were Condos a Bad Idea?
Condominiums are a nice idea, but their execution has been less than perfect. Long before the fatal Berkeley, California balcony failure in 2015 or the 2021 Champlain Towers South collapse that killed 98 people in Surfside, Florida, we suspected that all was not right with the basic condo concept. Years ago, there were already signs […]
HOA Capital Improvements: How to Plan and Budget for Them
Planning for capital improvements can be daunting for Homeowner Association (HOA) board members and HOA management. They need to balance the current needs with long-term objectives and stay within budget constraints. In addition, they need to have realistic timelines within the planning. Read the article………………………..
Planning & Preparing for Effective Meetings (CA)
Ineffective meetings in common interest developments, especially when addressing sensitive topics, can easily devolve into shouting matches, threats, and even news coverage. Fortunately, these meetings are rare. More common is apathy or frustration with how business is conducted, which results in very few homeowners attending association meetings, even when important topics are discussed. Read the […]
HOA Homefront — Getting board meetings in order
Unruly board meetings may be the most discouraging part of HOA living. Mature homeowners avoid such meetings, managers fear such meetings, and directors cannot even discuss the agenda without interruptions. When normal manners and courtesies are abandoned, meetings end in frustration. Read the article………………………..
Amenities in HOA Communities: How to Maximize Their Value
When it comes to HOA communities, amenities are key to ensuring residents’ satisfaction and loyalty. In today’s crowded market, providing attractive benefits that bring value-added services for homeowners can give local associations the edge over competing developments. Read the article………………………..
Why Hiring an Unlicensed Contractor is Not an Option (CA)
Everywhere we look, costs are rising all around us. Labor costs, insurance costs, material costs. And for associations, business keeps moving forward. With pressure from homeowners to keep assessments low, and increased requirements being placed on associations contributing to rising costs, associations across the state are looking for ways to keep costs down. Read the […]
Can the HOA Board Borrow Money from the Reserves? (CA)
Homeowners associations (HOAs) are organizations responsible for maintaining and managing common areas and amenities within a community. To accomplish their objectives, HOAs require funds, which are raised through member assessments. Read the article………………………..
HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims (CA)
In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Read the article………………………..
Sometimes, an HOA Can Sue on Behalf of its Members (CA)
“Standing” is the legal term used to describe the requirement that a lawsuit be brought by the person(s) or entity(ies) having a right to bring the claim, generally referred to as the “real party in interest.” Lawsuits fail, often at an early stage, when brought by a party who lacks standing. Read the article………………………..
The Superior Court Has The Authority To Determine The Validity Of Board Elections, But What About Recalls? (CA)
Section 709 of the California Corporations Code provides a mechanism for “any shareholder” or “any person who claims to have been denied the right to vote” to obtain a determination by the Superior Court of the validity of any election or appointment of any director of any domestic corporation, or of any foreign corporation if […]
HOA Boards: How to Stay Up-to-Date on Industry Trends and Regulations
As an HOA board member or manager, it’s important to stay informed of industry trends and regulations to succeed. Keeping up with the latest information can seem daunting, but proper education is vital for a community association’s success. Read the article………………………..
Timing is Everything with Asphalt Projects
There’s a time and a place for everything and that includes your next asphalt project. Asphalt projects can be the most disruptive and daunting experiences for any community; they take timing, coordination, and community participation. However, they’re necessary to maintain or replace a surface that is used by everyone in the community. Read the article………………………..
Lifecycle of a HOA: Keeping Property Values High and Communities Thriving (CA)
The lifecycle of a HOA is similar to the rejuvenating feeling of spring, with a surge of excitement when there’s newness in the air. Over time, new people move in and buildings get updated, which means communities at their inception look much different 10 or 20 years down the line. Read the article………………………..
How Should the HOA Board Handle Short-Term Rentals? (CA)
As an HOA management company, one of the most pressing issues facing homeowners associations today is how to handle short-term rentals. Short-term rentals, such as those offered through Airbnb and other vacation rental platforms, have become increasingly popular in recent years. While they can provide homeowners with an additional source of income, they can also […]
Rate shock: Skyrocketing insurance premiums straining community associations (CA)
Community associations in California are staring at skyrocketing insurance premiums. Some are facing increases of as much as hundreds of thousands of dollars per year. Community finances are being strained and, in some cases, it’s become impossible for new buyers to secure mortgage lending. Read the article………………………..
BIAS in Our Communities: Strategies for Creating Stronger Communities and Avoiding Liability
……Read the article………………………..we consider specific areas of our written documents and governance procedures where bias may be found and look at ways to eliminate or avoid negative bias in these contexts.
Health and Wellness in HOA Communities: How to Promote Healthy Lifestyles
It’s no secret that many homeowners associations (HOAs) struggle to provide their communities with the opportunity for healthy lifestyles. The truth is, integrating a health plan into your association isn’t as difficult as it may seem. Read the article………………………..
HOA Homefront: 9 myths about member discipline (CA)
One unpleasant but necessary aspect of board service is imposing discipline in response to unneighborly behavior by members. Here are nine myths regarding HOA discipline. Read the article………………………..
Navigating HOA Rules: How to Determine What’s Important and What’s Petty (CA)
As a member of a homeowners association (HOA), you may find yourself wondering about the petty rules that govern your community. Are they necessary? Are they enforced? Do they serve a purpose? These are all valid questions that HOA members should be asking. Read the article………………………..
2022 HOA Case Law Review (CA)
California Appellate Courts issued several important opinions addressing issues in community association law in 2022, including whether to award prevailing party attorney fees in an election challenge, affirming rules relating to Strategic Lawsuits Against Public Participation (SLAPP), the importance of complying with the pre-litigation Alternative Dispute Resolution (ADR) requirements, the consequence of failing to accurately […]
Implementing Sustainable Living Initiatives In Your HOA
In today’s world, sustainability is becoming more and more important. HOA board members and managers have an excellent opportunity to positively impact your community by implementing sustainable living initiatives. Such strategies can help you improve the quality of life for current and future residents while reducing costs that would otherwise be incurred with traditional developments. […]
Having Trouble With Your HOA Along With Complaints? (CA)
Having the opportunity to live in a condominium, townhouse, or row home is a great benefit and challenge for people who live in a homeowners association. However, there are some common complaints about the way the Board of Directors of an association treats its members. Read the article………………………..
Are You SURE Those are the Recorded CC&Rs?
As part of the process of creating an insurance proposal, I read through the CC&Rs for the community to confirm what insurance coverage is required. Lately, I’ve twice been asked by an underwriter if the CC&Rs copy that I had was the actual, recorded copy. Wait – what?? Read the article………………………..
Best Plants for Instant HOA Curb Appeal (CA)
Whether you are needing a sprucing up or wanting to try out a new HOA front yard design, plants are a great way to do it on the cheap. This summer, you can spend some time creating the front yard of your dreams with plants that flower and grow beautifully all year round. If you […]
Can HOA Members Remove Officers Midterm?
As a member of a homeowners association, it’s important to know your rights and options when it comes to the governance of your community. One issue that may arise is the removal of officers, such as HOA board members, before the end of their term. So, can HOA members remove officers midterm? The answer is […]
Where Old Condos Go to Die: End of Life Outcomes
In 2005 we published a treatise entitled “The Uncertain Future of Common Interest Developments.” We worried about the inability of condominium boards to fund reserves for future repairs and maintenance. In addition, political pressure from individual owners was keeping assessments artificially low. While this pleased the then-owners, it underfunded reserves and robbed future owners of […]
Water Conservation in HOA Landscaping (CA)
As we head into summer, water conservation is top of mind for many of us. Here in California, water restrictions are always a looming concern. But did you know that your HOA community can make a big impact on water conservation? Read the article………………………..
NEW HOA LAWS for 2023 (CA)
We can breathe a sigh of relief. The Legislature is out of session. We tracked a number of bills affecting associations–several of which died and one was vetoed. The bills that passed take effect on January 1, 2023. While this year’s bills don’t have significant impact, there are some you want to pay attention to. […]
How far will you go to reduce your wildfire risk?
No one wants to lose their home in a wildfire. But what pushes people to act beforehand to protect their property — to cut down overgrown shrubs around decks, prune low-hanging tree branches or clear dead leaves from gutters? Read the article………………………..
What Happens When You Don’t Pay Your HOA Fees?
As a member of a homeowners association, you’re likely familiar with the importance of paying your HOA fees on time. These fees are used to maintain and improve the common areas of your community, including things like landscaping, maintenance of community amenities, and other essential services. Read the article………………………..
HOA Reserve Studies: How to Communicate the Results to Residents
Homeowners Associations (HOAs) are responsible for the maintenance and upkeep of their community. This includes everything from landscaping to infrastructure, and it can be daunting without proper planning. Read the article………………………..
Community Association Insurance Manual
Variations on Murphy’s Law Will Apply to the Insurance You Buy – Below are some tongue-in-cheek comments, but there is an element of truth in all of them: Read the article………………………..
HOA Financial Fraud Prevention: Protecting Your Community’s Assets (CA)
It’s 2023, and Homeowner Association (HOA) fraud is on the rise. With more and more HOAs formed each year, it’s becoming increasingly crucial for HOA boards to take proactive measures to protect their financial assets from potential fraudsters. Read the article………………………..
5 Common Mistakes HOA Boards Should Avoid (CA)
Being a Board Member of a homeowners association is a valuable opportunity to lead and serve the community. Many members relish the chance to participate in the association’s affairs, get to know their neighbors, and make a positive impact. Read the article………………………..
Report from the Trenches: Best Practices for Representing Associations in Small Claims Court (CA)
Although attorneys advise homeowner associations and community managers in preparation for appearing in small claims court and assist with appeals, more often community managers and board members go it alone since the amount in controversy does not seem to warrant the expense. Read the article………………………..
Who’s in Charge of Setting Up the HOA Rules? (CA)
As an HOA board member, it’s important to understand the roles and responsibilities of those in charge of setting up the rules in your community. The primary individuals responsible for this task are the board of directors, also known as the board of trustees or board of managers. Read the article………………………..
What Are Your Legal Rights As A Homeowner In An HOA Community? (CA)
Homeowners in a homeowners association (HOA) community have specific rights protected by law. Hence, community residents must know their legal rights and expectations from the HOA. After all, they pay for the upkeep and maintenance of the community. Read the article………………………..
What duties does an association have to maintain video recordings? (CA)
Technology is advancing at an ever-increasing pace. The cellphones in our pockets are not just phones, they take pictures, send email and text messages, provide GPS navigation, play music, run hundreds of apps that do almost everything, and they have better higher resolution video capability than movie studios had in the 1990s. As the technology […]
2023 Davis-Stirling Act (CA)
……the 2023 Davis-Stirling Common Interest Development Act into an easily searchable, fully bookmarked PDF for your reference. Read the article………………………..
Assembly Bill 1410 Legislative Update (CA)
Governor Newsom signed Assembly Bill (AB) 1410 on September 30, 2022, which took effect on January 1, 2023. Adding to existing law prohibiting community associations from restricting the free speech rights of members or residents, the bill prohibits associations from: Read the article………………………..
Homeowner Associations, Reasonableness Of Fees: $132,070.40 Fee Award To Defendant Homeowners Was Affirmed On Appeal (CA)
Plaintiffs Pled CC&Rs As A Basis For Nuisance Claim, So There Was Fee Entitlement Under Civil Code Section 1717, CCP Section 1021, And Civil Code Section 5975, With The Fee Award Being Reasonable After A Minor Haircut By The Trial Judge. Read the article………………………..
How to Mitigate the Impact of Short-Term Rentals in Your HOA Community (CA)
A new Civil Code Section 4739 says that the HOA may not prohibit owners who live in their residences from renting a room to a tenant, although the HOA can limit the term of the rental to a period of 30 days or less. Read the article………………………..
What Is The Hierarchy of HOA Documents? (CA)
Homeowners Associations (HOAs) come with more than just a sense of community. They also have a set of rules and regulations. However, the fine details can easily become overwhelming for both board members and homeowners alike! Read the article………………………..
NEW LAWS EFFECTIVE JANUARY 2023 and OTHER RECENT CHANGES IN THE LAW IMPACTING COMMUNITY/HOMEOWNERS ASSOCIATIONS (CA)
As it does just about every year, the California Legislature has made changes to the law impacting community association’s statewide. This article covers those changes effective January 1, 2023 and other recent changes in the law that are worthy of being mentioned, as they may apply to your California community association. We have included examples […]
FAQs/ Article On SB 326 Hits the Nail On It’s Proverbial Head; Let’s Discuss It’s Highlights
I was going to write an article on SB 326 and discuss the bill and it’s intricacies, although not as a lawyer, because I’m not one and I can’t give legal advice-except to advise you to get legal advice…and so while I’m researching and of course reading other experts articles, opinions etc, I came across […]
HOA Property Management: 2023 Trends
As the world continues to evolve, so do HOA Property Management trends. In recent years, we have seen a rise in technology and data-driven solutions for HOA Property Managers. These trends will continue in 2023. Read the article………………………..
Orangecrest Country Cmty. Ass’n v. Burns (CA)
Homeowner Burns submitted an architectural request for various improvements to her property, one of which was the construction of six-foot high stucco walls in her front yard. The association’s architectural guidelines restrict owners from constructing walls or fences in their front yards. The association sent Burns a letter approving her proposed improvements with the following […]
What Makes A Good HOA Board Member?
Homeowners Associations (HOAs) are a great way to bring together community members and ensure that the community thrives. As with any organization, the HOA board is responsible for making decisions to help the association succeed. The best way to do this is to have a team of competent, engaged, and passionate board members. Read the article………………………..
Artus v. Gramercy Towers Condominium Assn. (CA)
Homeowner Dr. Artus and the association were warring parties. This was the fourth lawsuit between them, this one regarding the association’s election rules and sale/leasing guidelines. Artus alleged five causes of action in her complaint against the association. Multiple claims were disposed of in different ways, including that the association fixed issues raised by Artus […]