Q: My association has taken the stand that a side fence on a zero lot line, single-family dwelling that is entirely on the dwelling’s property is shared 50/50 with the neighbor for maintenance or replacement costs. In my opinion, this is totally incorrect that a neighboring property owner would be responsible for a fence that […]
The Business Judgment Rule: Inapplicable as to Decisions Made Under a Material Conflict of Interest (CA)
Under the Business Judgment Rule, volunteer directors are shielded from liability for decisions made when those decisions are (1) consistent with the director’s duties, (2) made in good faith, and (3) in a manner it believes to be in the best interests of the HOA and its members. (See Lamden v. La Jolla Shores Clubdominium […]
Illegal gate blocking Laguna Niguel trail unlocked … for now (CA)
After weeks of complaints and growing pressure from Laguna Niguel City Hall over an unpermitted fence blocking access to a popular oceanview trail, the gate was unlocked in mid-December on an interim basis by the homeowners association that erected it. Read the article………………………………….
What happens when a course owner tries to sell off land to stay viable? One California town is finding out.
Zaruka said building homes on part of the course will raise needed financial capital to make improvements to the course and keep it running for years to come. But some homeowners in the Sterling Hills community said they paid a high price for their homes with the belief that the golf course wouldn’t be developed. […]
HOA Homefront: Do management cutbacks threaten association’s stability? (CA)
Q: I received notice from my association that our management company resigned and the association intends to self-manage. I am uncomfortable about the expertise that exists on the board to properly run the business of the complex. What does the Department of Corporations require? Read the article…………………………….
HOA Homefront: ‘Twas the Night Before (the HOA’s) Christmas”
With apologies to Clement Clarke Moore, author of the original Christmas poem. ‘Twas the night before Christmas, and through the HOA community Not a complaint was heard, and there existed pure unity; The thank-you notes were placed by the bulletin board with care, Read the article…………………………………
HOA Homefront: Stop the fights over records requests (CA)
Over the many years I have been writing this column, the clear number one ranked dispute between homeowners and their associations is access to records and information. Read the article………………………………….These disputes are never productive, and generally avoidable. Here are some tips for HOAs regarding producing requested records and some tips for requesting homeowners.
POOF!: $109,760 Fees Award Went Away Based Upon Merits Reversal (CA)
One Ford Road Homeowners Assn. v. Johnson, Case No. G058269 (4th Dist., Div. 3 Dec. 17, 2020) (unpublished), is just a reminder about how expensive HOA/homeowners disputes can be. Read the article…………………………………
Neighboring Condo Residents File Lawsuit to Halt Miramar Project (CA)
Residents of an oceanfront condominium tower have filed a lawsuit seeking to halt the redevelopment of the neighboring Miramar Hotel approved by the City Council in September. The lawsuit filed last week contends that the 502,157-square-foot project at 101 Wilshire Boulevard violates the coastal land use plan (LUP)), the Downtown Community Plan (DCP) and the […]
HOA Homefront – Requests for HOA Information (Part 2) (CA)
Q: I attended my first HOA meeting and I noticed that the format is slightly different from city council meetings. Board members were provided a lengthy document prepared by management, containing specific details on water usage, maintenance requests, and detailed financials. I queried if the report was available, and was told no, they are only […]
Morro Bay City Council determines seagulls a public health issue for condo complex (CA)
Seagulls can be a nuisance in everyday life, but at one condominium complex in Morro Bay, they’re more than that; the gulls are a threat to public health. The Morro Bay city council voted, once again, to allow residents at Bayshore Village to ultimately remove them. Read the article………………………………..
HOA Homefront: Questions about HOA disclosures (Part 1) (CA)
Q: Are homeowners allowed to read or copy committee minutes? Our manager says no because they are not “standing committees” like the architectural committee. I say all records, receipts, minutes can be read and copied except for executive minutes. The Davis-Stirling Act is little confusing on this subject. Read the article………………………………
Firefighter suffers minor injury battling condo blaze near Rec Park Golf Course (CA)
One firefighter was taken to the hospital to treat a cut on his hand after crews doused an overnight blaze at a condo about a block north of the Recreation Park Golf Course, according to a fire official. Read the article………………………………….
$260,625 Attorney’s Fees Award To HOA and Two Homeowners Prevailing On CC&R Short-Term Vacation Rental Dispute Affirmed (CA)
Lastavich v. Nob Hills Homeowners Assn., Case No. D075466 (4th Dist., Div. 1 Dec. 2, 2020) (unpublished) is an illustration of how this panned out in a real case. There, plaintiff homeowner lost a short-term vacation rental dispute as far as how the CC&Rs read and what they prohibited. Read the article…………………………………..
HOA Homefront: Our community stopped collecting dues in the pandemic. Is that legal? (CA)
Q: Recently our board stopped dues collection for six months because they said some homeowners were experiencing financial hardship. The board has no plans to ask owners to pay back dues. Is this legal?
Federal Assistance for Wildfire-Damaged Private Bridges and Access Roads (CA)
Survivors of the 2020 California wildfires who have wildfire-caused damage to their privately owned bridge or access road may be eligible for financial assistance from FEMA under the Individuals and Households Program (IHP). The assistance is intended to restore access to a primary residence. Read the article…………………………….
Gulls at Bayshore Village declared a nuisance, again (CA)
Gulls continue to wreak havoc on the condominium units at Bayshore Village in Morro Bay, and as a result, the city of Morro Bay declared the animals a menace and danger to the safety and public health of residents, which allows residents to remove them. Read the article………………………………….
Fire in El Cajon condo accidentally ignited by plumber, causes $500k damage (CA)
A fire accidentally sparked by a plumber caused about $500,000 in damage and displaced several families in El Cajon on Monday night, a fire official said. Read the article…………………………….
Fire Fighters Extinguish “Stubborn Flames” In Condominium Structure Fire (CA)
Fire fighters knocked down a Pacific Palisades structure fire on Saturday, November 22, after an arduous 31-minute battle with “stubborn flames”, Los Angeles Fire Department (LAFD) spokesman Brian Humphrey said in a press release. Read the article…………………………………
HOA Homefront: Why new ‘unreasonable’ rental bans look manageable (CA)
This year in Sacramento only one major HOA bill, Assembly Bill 3182, passed to become law effective Jan. 1, 2021. The bill creates a new Civil Code Section 4741 banning “unreasonable” HOA rental restrictions. The new law creates some uncertainties but is mostly manageable. Read the article……………………………
Developer nears end of endless Long Beach condo dispute (CA)
The developer behind a mostly unbuilt condominium project in Long Beach is closing in on what could be a big payday. Haberman & Haberman won a lawsuit against the Nassau County municipality and a Nassau County judge is now hearing arguments for how much the city should pay in damages, Newsday reported. The builder wants […]
HOA Homefront: Who decides on the HOA colors? (A neighbor hates mine) (CA)
Q: Help! During a monthly meeting, I presented a petition signed by many homeowners concerning the color they were going to paint the complex – we wanted a newer look. They wouldn’t consider the petition, saying the subject had already been decided. Shouldn’t the board take into consideration what a goodly number of owners want? […]
La Jolla Shores Association pushes forward in legal case against UCSD development plan (CA)
The La Jolla Shores Association has authorized its executive committee to make further decisions regarding a recently filed lawsuit against UC San Diego and the University of California challenging UCSD’s planned Theatre District Living and Learning Neighborhood. The lawsuit was filed last month in San Diego County Superior Court by Escondido firm DeLano and DeLano […]
‘This Should Have Been Fixed’: Over 170 Tenants Without Gas For Several Months At Canoga Park Condominiums (CA)
The Bates family is spending another night without gas in their Canoga Park condo. Since August, Sharese Bates and her family have been unable to use their gas stove, forcing them to cook meals on a small electric burner or spend money on takeout. It’s the same story for Desiree Brown and 170 other tenants […]
West Covina Community Starts Neighborhood Watch Following Harassment (CA)
Residents of a West Covina condo community say they are being harassed by a family inside their neighborhood, and have started a neighborhood watch to protect themselves. Sophia Chavira has lived in the Monterra Pointe community for twenty years. Months ago she was awakened to the sound of boulders and rocks being thrown at her […]
HOA Homefront: Election inspectors, flyers and rules for candidates (CA)
Q: According to Senate Bill 323, management is not allowed to participate in elections. But our management found a loophole – a spouse of one of the owners of the management company opened a business as an Inspector of Election. Now, this is our inspector. Also, according to civil code, candidates and members are allowed […]
HOA Homefront: Examining old CC&Rs and expirations (CA)
Q: I wanted to know if you have any information in regard to the expiration of California CC&Rs (Covenants, Conditions, and Restrictions). I’ve heard 20 years from the time of the recorded filing of the CC&Rs. I ask because I live in a subdivision development of homes that has no common areas but does have […]
HOA in Tierrasanta is requiring residents to remove holiday decorations (CA)
Residents in Tierrasanta are sounding off as the home owner’s association for the first time is requiring them to take down all holiday decorations in “common areas” Read the article…………………………….
HOA Homefront: Who decides on the HOA colors? (A neighbor hates mine) (CA)
Q: Help! During a monthly meeting, I presented a petition signed by many homeowners concerning the color they were going to paint the complex – we wanted a newer look. They wouldn’t consider the petition, saying the subject had already been decided. Shouldn’t the board take into consideration what a goodly number of owners want? […]
La Jolla Shores Association and homeowners group sue to fight UC San Diego development project (CA)
After months of opposing the project, the La Jolla Shores Association has joined with a local homeowners group and filed a lawsuit to fight UC San Diego’s planned Theatre District Living and Learning Neighborhood. Read the article……………………………
Lincoln Hills board procedures questioned (CA)
A few Sun City Lincoln Hills residents wrote critical letters this week to The Lincoln News Messenger about its Aug. 27 story on the executive director’s firing at an executive session on Aug. 21. (The front page story was “Sun City Lincoln Hills board fires executive director Friday.”) Read the article…………………………… “Inside the Sun […]
Brentwood HOA Fire Safety & Preparedness Town Hall w Q and A (CA)
California wildfire season is upon us, with 2020 one of the worst on record. As we see the devastation wrought by these fires, we are reminded of our own community’s vulnerability. October 28 marks the one year anniversary of the Getty fire, when many of us were forced to evacuate. How prepared are we? What […]
HOA Homefront: Surprised by assessments – are they legal? (CA)
Q: There is going to be an assessment at my condo and we are being told that we all must pay equally even though a number of us will have no benefit from the work being done. Is there anything we can do? Read the Q&A…………………………………
The HOA Rule Game
The issue of rules in homeowner associations is one that can trigger a wide range of responses. While most HOAs require little rule enforcement, there are some that seem rule-driven or inhabited by I-eat-rules-for-lunch residents. This combination is a formula for trouble. That said, there are some recommended approaches to effective rules compliance that every […]
Sinking Millennium Tower Pile Retrofit to Start Next Month in San Francisco (CA)
Work on the nearly $100-million perimeter pile upgrade of San Francisco’s sinking Millennium Tower, to prevent significant future settlement, is set to start next month, now that litigation over the problem has been fully resolved. The 645-ft-tall residential tower settled about 17.3 in. since its completion in 2008. Millennium Tower Association, the homeowners’ group for […]
HOA Homefront: Can boards ban all tenants with criminal backgrounds? (CA)
Q: Apparently my HOA made a change in the CC&Rs. The HOA requires any prospective tenants must be approved by the board, and no applicant who has a criminal record will be approved. The amendment says nothing about buyers of any of the units. Can they make these demands for just rental units and not […]
Heroic firefight spares Santa Rosa’s Oakmont retirement community from devastation (CA)
It had all the elements of an impending disaster. Wind-whipped flames bearing down from the east were joined by blazes in Annadel-Trione State Park to the southwest and fires burning on Melita Road to the north. Together, the fire and the smoke and the chaos threatened to hem in the nearly 5,000 residents of the […]
Mystery: Hundreds of dead fish are floating on this lake in Agoura Hills. Here are some theories behind why (CA)
The homeowners association has hired a company to test the water to find out why the fish are dying off. An educated guess from the HOA board – an algae outbreak or the devices that create oxygen for the fish are not working or both. Read the article……………………………….
HOA Homefront – Fair Housing violations? Restrictions on hard floors and outside play (CA)
Q: I recently bought a condo and was in the process of replacing the carpet with laminate flooring because of allergies. The HOA informed me that there is a rule prohibiting hard flooring to be installed in condominiums above another condominium. I asked the management company for the definition of “hard flooring” but have been […]
Questions over El Cajon condo repairs following police pursuit (CA)
An El Cajon property owner said a police pursuit in March that ended at her property has led to questions over repairs. Jenny Wu has owned the property in the Villa Madera condominium complex on Mollison Avenue for more than a decade. On March 19, a vehicle crashed into her home, causing extensive damage. Read […]
HOA Homefront: The reserve fund – how much is too much? (CA)
Q: Something has been bothering me for a while regarding the reserve funding level that is appropriate for a given association. Many associations strive (and set the dues) to achieve 100% funded. Do they really need to carry such high balances? Wouldn’t it be enough to carry only sufficient balances to meet the future projected […]
Hospitalized Woman With Coronavirus Sues HOA to Return Home (CA)
A discrimination suit has been filed on behalf of an 80-year-old woman with dementia who allegedly has been blocked along with her two caregivers from returning to her Wilshire Boulevard condominium out of homeowners association concerns that all three previously tested positive for the coronavirus. Read the article……………………………….
HOA Homefront: Can non-residents run for board? Why can’t spouses of directors? (CA)
Q: Can a non-resident owner be on the board? A board member moved but still stayed on the board while he rented his unit. Several homeowners opposed, but the manager said it’s a new law that just came in effect, however our bylaws state that board members need to be resident owners. What would be […]
HOA Homefront: Our association stopped meeting. Is that OK? (CA)
Q: Our board says that due to the pandemic they are suspending board meetings “until further notice.” Our bylaws state board meetings must be held at least every three months. They said if they do hold a meeting they will limit attendance to 10 members, but the Open Meeting Act says it must be open […]
Local Residents Confused, Frustrated By Pool Closures (CA)
With record-breaking temperatures pounding Long Beach and the rest of Southern California, local residents have been searching for ways to beat the heat. Under normal circumstances, those with access to a swimming pool in their condominium or apartment complex would be well-equipped to find refuge from the triple-digit temperatures. But in 2020, the concept of […]
Family of Women Killed in Bluff Collapse Announce Lawsuits Against Encinitas, State, HOA (CA)
The family of the three women who were killed in an Encinitas bluff collapse last year has announced Wednesday lawsuits against the city, state and a homeowner’s association. Read the article……………………………
Walnut Creek resident suffers significant burns in condominium fire (CA)
A resident was hospitalized with significant burn injuries after being rescued from a second floor balcony during a three-alarm fire Sunday morning at a condominium complex in Walnut Creek, the Contra Costa County Fire Protection District said. Read the article………………………….
El Cajon woman battles HOA to get her condo fixed (CA)
An El Cajon police chase in March ended with a car plowing into a condo on North Mollison Avenue. Five months later, the owner of the condo is still battling with the homeowner’s association to get the damage fixed. Read the article………………………………
HOA Homefront: Can communities ban political, patriotic or religious displays? (CA)
Q: We (along with our neighbors) put out candidate and ballot measure signs prior to our elections. We looked into this several years ago and it appears that California law allows all HOA residents to display political signs during elections. However, friends who live in other San Diego County HOAs have told me repeatedly that […]
Homeowners angry after HOA closes pools citing coronavirus concerns (CA)
Homeowners living in a valley gated community are speaking out after pools in their HOA were closed, with management citing concerns over coronavirus as the reason for the closures. The pools at the community are closed, while pools at other gated communities in the Coachella Valley are open for residents to use while following posted […]