Q. In the spirit of shedding light on HOA governance, would you please write about the difference between regular open board meetings and the annual homeowners association meeting. I am specifically interested in your view on how the agendas are different and what business can be accomplished at the HOA annual meeting. Read the […]
More Millennium Tower residents sue developer, city (CA)
Following November’s lawsuit, 20 tower residents led by Jerry Dodson, a former government litigator who also happens to live in the offending building, launched yet another suit against both the city and building developer Millennium Partners. The complaint alleges that both Millennium Partners and the Department of Building Inspection knew as early as 2009 that […]
Bad lawsuit, bad argument, bad outcome (CA)
For six years, we hoped that reason would prevail in Santa Rosa’s legal squabble with homeowners in a gated community near Oakmont that has tried to block bicyclists from crossing through their territory. But reason has lost. So have bicyclists. So have joggers, skateboarders and anybody who would like to do anything other than walk […]
CA: New year and new HOA laws ahead
2016 was a relatively quiet year for HOAs in Sacramento, with only three bills passing to become law in 2017, and another law taking effect in 2017 from a 2014 bill. Another significant new HOA law actually came from the Department of Housing and Urban Development in Washington, D.C. Senate Bill 918 adds a new […]
The Bunker Hill pool wars are over (CA)
Peace has been restored to three residential towers on Bunker Hill in Downtown Los Angeles—at least when it comes to the mammoth, star-shaped pool that’s been largely sitting empty the last three and a half years. The 10-foot steel fence that had been erected to keep out renters (including me) was dismantled on April 1 […]
HOAs: Reservations regarding reserve funds
Q: Is there a formula to help determine what is a reasonable amount to hold in reserves for a homeowners association? Read the Q&A………………
HOA disciplinary hearings: not a public court process (CA)
Ifeveryone followed the Golden Rule (“do unto others…”), homeowners association disciplinary hearings would be rare. Unfortunately, hearings are a necessary, regular, and unpleasant board responsibility. These hearings are governed by Civil Code 5850 and 5855, which establish a simple system. The process begins with a written notice to the homeowner at least 10 days before […]
Appealability/ Homeowner Associations: Nellie Gail/ McMullin Decision Now Published (CA)
In our October 3, 2016 post, we discussed Nellie Gail Ranch Owners v. McMullin, an unpublished 4/3 DCA decision, at the time, which decided it could not entertain a homeowner challenge to an HOA fee award because homeowner did not separately appeal the fee decision or the amended judgment incorporating the fee decision. We can […]
What rights do homeowners have to HOA board records?
Q A group of us homeowners is very concerned about our association monthly dues increasing, and now we are being told a special assessment is needed. There are rumors of monies being squandered. The people on the board seem to have an agenda. What is their basic legal duty? Read the Q&A………
Appealability/HOA: Failure To Appeal Post-Judgment Fee Award Was Fatal To Homeowners’ Challenge Fees Awarded To HOA (CA)
For you readers out there which follow our post, we have many, many times observed that practitioners should independently appeal any separate fee awards no matter when made just to be safe. This next case illustrates why this needs to be done because it may otherwise deprive the litigant of appellate review. Read […]
The Basics of Homeowners Association Disputes Part 1 – Mediation
HOA disputes are something that we see on a regular basis. Although in a perfect world, none of us would get in disputes with our neighbors, the reality is that disputes between neighbors, or the association and an owner, are exceedingly common. However, most HOA CC&Rs have provisions to try and resolve these disputes without […]
HOA Homefront: Should we worry about upcoming change in law for common areas?
Q. I have read your article on exclusive-use common areas and don’t get whether in a planned development the decks and balconies are in this category. In our association, some homes have decks, some have balconies, some have chimneys, some have both and some have neither. I understand that in January of next year Davis-Stirling […]
Does An Action To Enforce A Settlement Agreement Also Enforce CC&R Documents Under The Davis-Stirling Act?
You Betcha, Said 4/2 DCA In Recent Opinion Affirming Noncompliance With Settlement Agreement And Fee Recovery Of About $19,000 Against Homeowners. Read the article…………..
Want to buy a condo? See how a new law could expand FHA options here in O.C. (CA)
For 15 years, Judy Johnson planned to get a reverse mortgage when she retired, supplementing her Social Security with proceeds from her San Clemente condo. But after she stopped seeing clients and shut down her public relations business last year, Johnson discovered the government had changed the rules on her. Her three-bedroom condo in Talega […]
Millennium Partners Hits Back (CA)
Those behind Millennium Tower hit back at critics this week who alleged the building’s foundation was not sturdy enough. Builders of the luxury tower specifically targeted claims leveled against them by the Transbay Joint Powers Authority, noting all engineering plans were approved by the city. Read the article………….
(CA S.F.) Supervisors Approve Tenant Protections Against Fires
Under Campos’ measure, property owners will have to notify their tenants of existing requirements for smoke alarms, and file reports on their compliance with the city every two years. Tang’s measure requires landlords and homeowners’ associations to provide information about fire safety to residents of buildings with three units or more, and ups the requirement […]
Carson’s contaminated Carousel tract wins $120 million settlement (CA)
Workers have only just begun removing millions of tons of oil-caked soil left buried for decades in the yards of Carson’s Carousel tract, but a long-awaited financial settlement for the pain and suffering of residents likely will be disbursed before Christmas. The final payout from two companies deemed responsible for the mess will be $120 […]
How to Create Transparency and Accountability in Your Community Association
Successful homeowners associations function smoothly by basing community operations on transparency, accountability and communication. This requires exhibiting these values at every level, for issues big and small. Transparency is a long-term strategy that helps ensure the smooth operation of your HOA. When residents feel involved and informed, they report higher levels of satisfaction with the […]
Sobering Case for HOAs, Good One for Homeowners
Winchester Community Assn. v. Perrotta, Case No. C075562 (3d Dist. July 21, 2016) (unpublished) involved a situation where homeowners and an HOA got into a dispute over the review of submission of landscaping plans. Association won at the trial level and was awarded attorney’s fees and costs of $159,269.61. Read article……………. http://communityassociations.net/wp-content/uploads/2016/07/C075562.pdf
Questions: On assessments, must they pay THAT?
Q. I’ve lived in my condo 3 years. Since I’ve been here, the association dues have skyrocketed. The management claims assessments are owed. Is there some law that can perhaps put a cap on the amount or the time frame when dues can go up? Any information you can give would greatly be appreciated […]
HOA Homefront: What if the HOA held an election and too few people voted?
Q. Mr. Richardson: I have been on our HOA board for 11 years. We have an election every year, but we never receive enough ballots from owners to meet quorum. We have to go door to door after the election asking owners to sign ballots. Are we required to do this or could we just […]
HOA Homefront: Readers submit questions on leasing minimums, tenant information
Q. Kelly, with the issue of renting by the day/week becoming red hot in the San Diego market, can the homeowners association amend the bylaws/CC&Rs to say rentals must be a minimum of one month? As it stands now, there is no language about rentals of any kind. Thanks. Read the Q&A………..
HOA Homefront: Checklist for dealing with the Open Meeting Act (CA)
The Open Meeting Act is a law within a law, found within the Davis-Stirling Common Interest Development Act at Civil Code Sections 4900-4955. A common misconception is that common interest developments are subject to the Brown Act, but it only applies to the “legislative body,” meaning public or publicly controlled entities. Read the article………..
Condo dwellers put the kibosh on smoked meat (CA)
Not long after Mike’s BBQ opened their second location at 3055 Clairemont Drive, residents in the condos next door started complaining about the smoky smell. Read the article……………..
How an HOA Manager Would Respond to a Rule About Garbage Cans [Part 3]
Your homeowners association probably has its share of complaints or concerns from members. It may be parking, barking dogs, or a defiant neighbor – the possibilities are actually endless. Below is a real question submitted by a member of a homeowners association relating to a rule about garbage cans. Learn how an HOA manager might […]
Medical marijuana exempt from “no smoking” law?
The new bill, sponsored by the California Apartment Association, would make it clear: medical marijuana smoking can be banned wherever smoking is prohibited. That includes within 1000 feet of schools and recreation centers (unless it’s in a residence), on school buses, and while operating a vehicle or boat. Read the article……………
Judicial Follies: Companion fish
Some years ago, the California Supreme Court decided a case involving a woman who was forced to give up her two house cats to comply with rules adopted by her condominium association that prohibited pet ownership. Not all pet ownership, however; the association’s rules allowed “birds and domestic fish.” But not cats. This gave a […]
Blackhawk HOA’s heavy-handedness leads to bigger conversation, expert says
The residents of Blackhawk, the upscale East Bay gated enclave, recently received unsettling news from their HOA: Tidy up your landscaping by June 1 or face “aggressive enforcement” that could result in sanctions ranging from a fine to disabling transponders that open gates to your neighborhood. Read the article………..
Settlement reached in lawsuit filed by Cielo residents in Rancho Santa Fe (CA)
The settlement, reached Feb. 29 as a trial on the lawsuit was set to begin in San Diego Superior Court, calls for homeowners to elect all five members of the community’s homeowner association board, and also for the developer, Rancho Cielo Estates Ltd., to sign a contract within 90 days for construction of a road […]
Homeowner Associations/ Prevailing Party: Mixed Results Meant Remand Was Necessary
Both trial and appellate courts are faced with situations where some parties prevail to some extent, but then have to determine if one or more truly did prevail on a convincing basis. Read the article…………
Tips For Evaluating a Management Proposal
Choosing the best-fit property management company is one of the most difficult decisions an HOA or commercial property owner can make. Choose correctly and you’re on your way to a productive and stress-free relationship. Make the wrong choice and you can inadvertently set yourself up for a long and difficult road ahead. Read the article……………
HOA Homefront: Should directors serve as chairs of committees?
Q. Our HOA directors regularly nominate themselves as chairs of respective committees within the community. Needless to say, pet projects of individual board members get funded, while other committee groups not on the board scrape by. Read the Q&A…………..
(CA) Court of Appeals Clarifies Timeliness Requirement for Intervention
The timeliness of a motion to intervene in civil litigation depends on when the movants learned their interests were being inadequately represented, regardless of when they learned there was litigation, the Fourth District Court of Appeal has ruled. Read the article………..
Drought increases risk of destructive mudflows during El Niño storms
An intense October rainstorm that pounded the Grapevine’s barren hillsides offered a sober preview of what El Niño might unleash in the rest of drought-stricken Southern California. Read the article………..
Are your Homes and Communities Prepared for Winter Rains?
If we have an El Nino or not it is imperative to take proactive measures to get the longest life out of your building components and common areas. Here are the major preventive maintenance measures to take this fall: Read the article………….
Nonprevailing Homeowner Liable For Prevailing HOA’s Pre-Litigation As Well As Litigation Fees And Costs Under CC&Rs/Davis-Stirling Act (CA)
In Rice v. Rancho Palm Grande Homeowners Assn., Case No. H038763 (6th Dist. Sept. 1, 2015) (unpublished), HOA defeated a homeowner’s assessment challenge under the governing CC&Rs and the Davis-Stirling Act fee-shifting provision (Civil Code former section 1354(c)). Read the article………
State law trumps HOA on irrigation (CA)
Q: My homeowners association is telling me that I must keep my grass green. Is that really the case? Read the Q&A………….
Indoor Water Conservation Tips for Homeowners Association Residents
In the midst of the state-wide drought, residents of California have been mandated to follow water restrictions. Reducing water use means making significant changes in your everyday habits and routine, but it can also mean substantial savings on water, sewage and energy bills for homeowners association residents. Read the article………..
Clear your brush or face fines during California fire season
California homeowners who fail to clear their property of dry grass and excess fire fuel face citations and fines, as the state works to control the threat during an already busy fire season. Read the article………….
Cat Ownership and HOAs (CA)
At what point to cat lovers become cat hoarders? This has long been a debate in many communities around the country. Recently, the Los Angeles Times reported that the Los Angeles City Council is considering an increase in the number of cats residents can harbor in a private residence from three to five. Read […]
San Francisco (CA) leaders to vote on luxury condo moratorium
San Francisco supervisors are expected to vote on a plan that would suspend the development of luxury condos in a neighborhood that’s come to symbolize urban displacement. The 45-day moratorium would affect two dozen projects in the city’s Mission District, which has witnessed skyrocketing prices amid a technology jobs boom. Read the article……….
California Assembly OKs bill barring HOA bans on fake grass
California homeowner associations couldn’t stop members from installing fake grass on lawns under a bill moving through the Legislature. AB349 advanced out of the Assembly Thursday on 69 to 2 vote. It would prohibit bans on artificial turf and synthetic grass. Read the article……….
(The Desert Sun) Our Voice: HOAs owe residents easier solar process
Many in the Coachella Valley have gone all in with solar. Six of the valley’s nine cities installed at least one megawatt of rooftop solar last year — a solid demonstration of eagerness to adopt the green energy technology. But some who are looking to have the sun help cut their power costs are being […]
(Ontario) Condo Act reform may cause more trouble than it solves
“If Shakespeare was alive today and owned a condo in Ontario (let’s say Stratford), he would have ample material for a new play about disagreements in condo projects.” So begins a critical analysis of the upcoming changes to Ontario’s Condominium Act by Toronto lawyers Joy Mathews and Jayson Rivait, published in the current issue of […]
What an HOA Board Should Consider Before Signing a Management Contract
If your HOA board has decided to hire a management company to help with the day-to-day running of the homeowners association, it’s important to review the contract and pay close attention to what the management company is actually contracting to do. Read the article……….
Leading the Charge on the California Drought
The current drought endured by the state of California is not its first rodeo. Between 1987 and 1992 the second driest period in California history ravaged much of our country not the least of which, in the southwest. Fast forward nearly 20 years and front and center in the hearts and minds of many Californians […]
Gov. Jerry Brown seeks fines of up to $10,000 a day for water wasters
California Gov. Jerry Brown announced new legislation Tuesday that would increase fines for water wasters and allow local governments to issue the penalties. A second initiative from the governor would streamline environmental reviews for some water supply projects, such as recycling facilities. Read the article……………
CAI-CLAC Convenes HOA Industry Round Table
For several years CAI-CLAC has invited all segments of the community association industry to a “pre-session” meeting in the Capitol to discuss possible legislation that we might expect to see this year. Invited to the informal discussion were lobbyists for association managers, lenders, trustees, realtors, insurers, developers, attorneys and seniors. Read more……..
Does an HOA Board Have Legal Authority?
As a member of your HOA board you have a big responsibility to enhance, maintain and protect your homeowners association. You also have the legal authority to carry out your role, but where do you get this authority? Read more……..
CA State Water Authority Implicated by HOA for Improper Levying of Over $6 Million in Taxes
On February 18, 2015, Canyon Lake Property Owners Association (“CLPOA”) notified Elsinore Valley Municipal Water District (“EVMWD”) that it was making a claim for the return of $6,231,134 plus interest, which was paid under a lease agreement between the parties. CLPOA makes this claim on the grounds that this sum is the result of illegal […]