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/ Owner - June 21, 2012

California Condo & HOA News

  • Property owners sue California insurance companies over alleged ‘collusion’ following wildfires
    A group of property owners affected by the January wildfires is suing major California insurer carriers, including the state’s largest, State Farm, for allegedly violating California’s antitrust and unfair competition laws. The lawsuits follow others regarding insurers’ handling of the aftermath of the Eaton and Palisades fires, including against Insurance Commissioner Ricardo Lara and the California FAIR Plan (specifically about smoke damage), the state’s beleaguered insurance plan of last resort.    Read the article…………………………….
  • New wildfire insurance policy rewards forest management, cuts costs for Tahoe Donner (CA)
    The Nature Conservancy (TNC) and Willis, a business of WTW (NASDAQ:WTW), have announced a groundbreaking $2.5 million wildfire resilience insurance policy—the first of its kind to factor in wildfire mitigation efforts. Structured by Willis, the policy was developed for the Tahoe Donner Association, a private homeowners association in Truckee, California.    Read the article…………………………….
  • Modesto HOA looking to recoup $25,000 from its members (CA)
    The HOA says this $25,000 assessment is for rotting decks and staircases. But residents tell us these issues have been around for years.     Video news report……………………..
  • Castlewood association, Alameda County settle legal dispute; special election to follow (CA)
    Now that Alameda County and the Castlewood Property Owners Association have settled their legal dispute, the next step will be a special election.  The association had sued the county in December 2024 contending that it failed to follow state-mandated procedures to establish a special assessment for the county service area that provides water, sewer and road services to the 187 homeowners and The Club at Castlewood. The $7,000 assessment per property was to make up a shortfall in the maintenance ...
  • Litigation director rebuked for misleading claims in HOA
    After a protracted 67-day bench trial, a Santa Clara County judge awarded $1.8 million to homeowner plaintiffs, citing extensive false statements made by the defense attorney, Stephan A. Barber, in a case involving water damage and mold at a condominium.  Read the article…………………………….
  • When can HOAs tap reserve funds? (CA)
    Q. Can major landscape renovation use reserve funds when too little funds are available as a line item? Q. Should HOA boards expense directly out of reserves without establishing a maintenance budget annually?  Q. Our board believes the reserve fund is just a bank account and the required reserve study is just advisory. Therefore no increases for inflation have been made for many years and we are classified “underfunded.” Is there any state agency that we can appeal to?   Read ...
  • A first-of-its-kind neighborhood in California fights fire by just existing
    In June, Steve Ruffner watched a demonstration where two sheds were set on fire. As a result of what he saw, people 30 miles north of San Diego are now moving into homes far less likely to burn in a wildfire. “I was shocked,” said Ruffner, who is president of KB Home Coastal, a large U.S. home builder.  Read the article…………………………….
  • Christmas Tree Lane walks nights could be on chopping block amid safety concerns (CA)
    The future of a beloved Fresno tradition is now in jeopardy as residents of Fig Garden Village raise concerns about Christmas Tree Lane. “With this influx of so many vendors, it has really created a carnivalesque atmosphere,” HOA Treasurer Dan Gallagher said. In a newsletter obtained by Action News, Gallagher wrote that vendors have “inundated” the neighborhood on walk nights, adding that “the situation is just too harmful.”   Read the article…………………………….
  • Family of slain Cash App founder Bob Lee files lawsuit against killer (and Assn.) (CA)
    The lawsuit was filed on March 28 to the Superior Court of California of the County of San Francisco. The lawsuit’s defendants also include a homeowner’s association and a security camera company. It alleges the improper release of surveillance video that was used by the media.   Read the article…………………………….
  • California homeowners association: ‘Repaint that $23,000 garage door!’
    The fate of garage doors – any garage doors – does not exactly rate high on the list of world problems. But for Julie Good, her new garage doors are a triumph, a piece de resistance, a tour de force. Less hyperbolic, they improve her house’s curb appeal. “I’m very sad at the prospect of having to remove them,” Good, 62, said.    Read the article…………………………….

California News Archives

California Condo & HOA Articles

  • Navigating Insurance Claims After Natural Disasters (CA)
    Natural disasters – whether hurricanes, wildfires, floods, or winter storms – can strike with little warning, leaving behind costly damage and confusion. For homeowner associations (HOAs), the aftermath of such events is often complex. Common areas may be damaged, multiple homes could be affected, and residents may look to the board for guidance. Having a clear process for handling insurance claims can make a major difference in how quickly and effectively a community recovers.   Read the article…………………………….
  • Barbecues – Caution (CA)
    In California, open flame cooking devices, including charcoal and propane grills, may not be operated on combustible balconies or within ten feet of combustible construction except for (1) One and two family dwellings, and (2) When buildings, balconies, and decks are protected by an automatic sprinkler system.   Read the article…………………………….
  • Reserve Disclosures; the Lending “Blacklist” (CA)
    Despite great efforts to lessen the problem, too many HOAs still have inadequate reserve fund savings. Civil Code Sections 5300(b)(2-7) and 5570 require detailed disclosures regarding reserves. The problem is so serious that the Department of Real Estate in September 2012 issued a “Consumer Warning: Underfunded Homeowners Associations” bulletin- still available on the www.dre.ca.gov website.   Read the article…………………………….
  • Fire-Resistant Shrubs To Add To Your California Landscape
    On average, the California Department of Forestry and Fire Protection reports a little over 700 wildland fires every year. While many of us focus on the ways to protect our homes against fires, we often forget that wildfire protection can start in our own lawns. Believe it or not, there are a slew of plants that can resist approaching fires and slow their approach to your home.   Read the article…………………………….
  • Who Pays the Bill? When you can Recover Attorneys’ Fees and Costs in Enforcement Actions (CA)
    Although there are numerous factors a board of directors of a community association should consider before filing a lawsuit, one of the biggest factors is whether or not the association can recover its attorneys’ fees and costs. The standard rule is that absent a statutory or contractual provision providing for otherwise, the “American Rule” is that each side covers its own fees and costs.   Read the article…………………………….
  • Key Maintenance Tips for HOA Common Areas (CA)
    For homeowner associations (HOAs), maintaining common areas is more than a routine task—it’s a direct reflection of the community’s standards and the board’s commitment to residents. Well-maintained shared spaces promote property values, support resident satisfaction, and minimize long-term repair costs. Whether your HOA oversees a clubhouse, playground, green space, or gated entryway, proactive maintenance is critical to keeping these areas safe, clean, and visually appealing.   Read the article…………………………….
  • Questions regarding Reserves Part 2 (CA)
    Question: Can major landscape renovation use reserve funds when too little funds are available as a line item? Question: Should HOA boards expense directly out of reserves without establishing a maintenance budget annually?   Read the Q&A………………………………..
  • Building Stronger Communities Through HOA Financial Literacy
    April is National Financial Literacy Month, and it’s the perfect time to talk about something near and dear to us at RowCal… empowering communities through financial knowledge!  Whether you’re on the HOA board or a resident invested in your neighborhood’s future, understanding your community’s finances builds trust, promotes transparency, and ensures long-term success.     Read the article…………………………….

California Article Archives

 

California Laws

Common Interest Development Act  (Davis-Stirling)

Other Laws

Health & Saf. Code §122318. Health Care Practitioner Criteria for Emotional Support Dog Documentation

Health & Saf. Code §122319.5. Emotional Support Animal/Dog & Service Dog Definitions

Govt. Code §12956.3. County Recorder Restrictive Covenant Program

California Condo & HOA Resources

Living in a California Common Interest Development

CACM Home Page – California Association of Community Managers

ECHO Homepage –  Educational Community for Homeowners

Community Associations Institute

Center for California Homeowner Association Law

FindHOALaw  FindHOALaw is a robust resource for legal information applicable to California condominium projects, homeowners associations, and common interest developments. Its substantial volume of content and thousands of internal links help users better understand the unique body of law governing HOAs in California.

Summary of the homeowners associations complaints that fall under the jurisdiction of the Office of the Attorney General

Reserve Study Guidelines for Homeowner Associations (CA Dept of Real Estate)

California Association of Homeowners Associations

Condo Management Online: The Premier Resource for Community Associations

The Condominium Bluebook Home Page

California Homeowner Association HOA and Condo Regulations Summary Guide for 2020

 

 

California Condominium & HOA  (CID) Blogs

HOA Lawyer
Condo Issues
HOA Law
Barrera and Company
HOA Brief

Videos (California specific)

The law firm of Berding & Weil LLP has a number of videos both on their site and on YouTube regarding Common Interest Development issues

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