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 […]
East Bay residents respond to AC Transit ads about smokefree housing
The lung association’s advocacy manager Alexandria Nelson said the association has been hearing from suffering renters and condo owners and from landlords supportive of smokefree housing. More have called to say their willing to advocate for smokefree housing laws. Read more……..
Mission Valley (CA) Residents Report ‘Unlawful Towing’ at Complex
Residents of a Mission Valley complex say they have been then victims of unlawful towing ever since their property management company hired EPA K-9 Security & Investigations and Western Towing. Read more……..
Bill would allow artificial grass in HOAs (CA)
The San Diego Democrat pitched a bill this week that would allow residents in homeowner associations to replace their lawns with synthetic turf without fear of fines. Read more………
Condominium Owner Losing SLAPP Recovery Against HOA, Property Manager, HOA Attorneys, And Owner’s Attorney (CA)
In Creger v. Hudson 141 Homeowners Assn., Case No. B247480 (2d Dist., Div. 2 Feb. 5, 2015) (unpublished), condo owner sued the HOA, property manager, HOA attorneys, and his own attorneys for certain actions relating to a prior condo defect suit, getting SLAPPed based principally upon the Civil Code section 47 litigation privilege. […]
The feud between the city of Santa Rosa and a gated community in Oakmont (CA) is certainly helping the local lawyer labor market. But at its core, it’s downright silly.
Here’s the issue. Five years ago, Santa Rosa filed suit against the Villages at Wild Oak Association after the association posted “No trespassing” and “No bicycles” signs along a path through the residential area, a path that has been used by cyclists and joggers for years. The association responded by counter-suing, alleging that the city […]
Long Beach Oceanside Residents Upset Over Beach Path Location
A group of oceanfront residents are up in arms over how close the new pedestrian beach path comes to their homes, saying that no one told them what was going on Read more…………
Why Paying Your HOA Board Members is a BIG Mistake
Does your homeowners association pay or compensate the Board of Directors? I recently learned of an HOA that compensated its board members for “volunteering.” Each month the board members would receive a credit on their accounts for their monthly assessments. The Board collectively felt that it was doing all the work and that it should […]
Understand HOA fines ahead of time
Not long ago a California court ordered a man to pay $70,000 for violating a homeowner association (HOA) rule limiting the number of rose bushes he could have to 14. Read more……..
Bill would force HOAs to allow fake grass
California homeowner associations would be forced to allow artificial turf in front yards under a bill recently proposed by the San Diego County Water Authority. Read more……….
Around the State, What We Learned…
Delegates and Liaisons from all over California came together for the Annual Planning Meeting of the California Legislative Action Committee (CLAC). This is where the previous year’s legislative work is reviewed and plans are made for the upcoming year. It was followed by the Thursday night CLAC Benefit Dinner at Buster’s Beach House and Friday’s […]
California court blames Northstar for flooding neighbors
Truckee-area homeowners say an opinion by a California appeals court vindicates their longtime claims that the Northstar Village resort development is responsible for flood damage in their condominium community. Read more………
Neighbors Help Walnut Creek (CA) Residents Displace by Explosion
Community members in Walnut Creek are helping neighbors displaced by an explosion that destroyed part of a townhouse complex. Read more……..
Judge rules against Frisco HOA (CA), allowing City House to operate while civil case is pending
A district judge’s ruling on Friday effectively allows the nonprofit City House to operate its transitional living program for homeless young adults in a home in a deed-restricted neighborhood in Frisco. District Judge Jill Willis ruled after a hearing on the arguments that a Frisco homeowners association failed to meet its burden for injunctive relief. […]
Thief Steals Mail from Toluca Lake Condos
Authorities are searching Thursday for a thief who stole mail from condominiums in Toluca Lake. Several mailboxes in the 10600 block of Woodbridge Street were hit Thursday morning. The thief also struck the mailboxes across the street. They remained open hours later awaiting investigation from the U.S. Postal Inspection Service. Read more……..
Palm Springs HOAs need to follow water rules
Water has become a huge issue in the desert. On our You’ve Got Issues Facebook group, Vic Yepello of Palm Springs writes that homeowners associations are violating the rules about watering during daylight hours. Read more…….
HOA recall removes Shames
Michael Shames, the longtime Utility Consumers’ Action Network director who left amid a federal probe of his charity business practices, has been recalled from his homeowners’ association board. Read more……..
Fish dying at popular Rancho Santa Margarita lake
The outbreak of a toxic bacteria that last week killed bass, bluegill and carp at the city’s landmark lake has been brought under control, according to the lake’s owner. Fishing at picturesque Lago Santa Margarita has been banned since Thursday after dead fish were found floating on the surface. Other receational activities have not been […]
New California Law Cuts Solar-Permitting Red Tape
A new law that could help scrub cost from solar inspection, interconnection and permitting was just signed by Calif. Gov. Brown. The law cuts in half the allowable limits homeowner associations can apply to rooftop solar and prevents a city or county from holding up permit review based on the HOA process. Read more…….
HOA: Rules vs. CC&Rs
Q: I’m confused between “rules” and “CC&R’s.” Our board over the years has implemented new rules. What I don’t understand is: How is this different than making changes to the CC&R’s, which requires homeowner approval? For example, the board passed a rule prohibiting play in the street. When I bought my house, there was no […]
HOA: Proxy form, majority member votes
Q. Can you recommend a source for a proxy form that is valid under California law for an HOA board of directors recall election, and if successful, for the election of new board members. Read more………
Homeowners Renew Escondido Country Club Fight
Members of the Escondido Country Club Homeowners Association believe they were retaliated against in April. They claim the developer who purchased the old Escondido Golf Course used potent chicken manure on the property to prove a point. Read more……..
Our view: Rules are meant to be … followed (CA)
Reports of a Nevada County man’s duel with his homeowner’s association made headlines well beyond the county borders in the past week, after he said his furniture-building hobby was ordered to be shut down. Read more……..
California drought: We all must conserve
The “Tone Deaf Award of the Month” goes to the Bay Isle Pointe Homeowners Association, which just sent out green postcards warning selected residents of the Alameda development to use a little more water on their lawns. Read more……..
Silicon Valley homeowner associations: they’re not all alike
What do you think about living in a neighborhood with an HOA, a homeowner’s association? For many, living within an HOA means a nice, tidy community. For others, it’s like signing up for Big Brother telling you way too much about what you can and cannot do. Read more……..
New law prohibits some fines for brown lawns during droughts
Californians who let their lawns die during a drought won’t risk a slap on the wrist from their homeowners’ associations, thanks to a bill signed by Gov. Jerry Brown on Monday. Read more…….
Loud Partying Could Trigger Probation Violation (Bieber again)
Cops received 4 separate complaints for loud music and partying on the roof top Saturday night and they sent patrol cars each time — at 8:30 PM, 12:50 AM, 1:50 AM and 3:00 AM. We’re told Bieber was not cited because he agreed to turn the music down. Read more……..
Water Main Break Floods Venice Condo Complex Garage
A 6-inch water main break flooded the garage of a Venice condo complex overnight. Read more…….
HOA: All about parking and your rights
Q. My boyfriend’s association is not allowing guests to park more than five days in any 30 day period. This is problematic, of course. The parking rules are in effect 24/7. Does any association have the authority to limit resident’s guest parking? Read more………
California Supreme Court to address design professionals and duty of care to third-party purchasers
On May 7, the California Supreme Court heard oral arguments in Beacon Residential Community Assn. v. Skidmore, Owings, & Merrill LLP, a case that will have a huge impact on design professional liability in California when third-party purchasers sue a designer alleging defective designs. Read more…….
Investigators stumped by peafowl killings, now at 47, in Rolling Hills Estates
Nearly two years after the killings of peafowl began in Rolling Hills Estates, investigators remain stumped as to who’s responsible. Read more……
Southland Residents Urged To Be Prepared For Wildfires
Fire agencies around the Southland urged residents to be prepared for the possibility of wildfires. At a news conference Wednesday, the Ventura County Fire Department showed homeowners how to clear 100 feet of defensible space around their property. Read more………
Palm Desert residents hit by flood look for answers
Walker said the homeowners’ association said the storm was an act of god it couldn’t be held responsible for, while city officials and the developers of the land the house was built on and around pointed fingers at each other. Read more……..
Where do the rules stand on watering lawns?
With requests in place to reduce water use, Sacramento city leaders are expected to decide Thursday whether to suspend a law that allows people to be fined for having a brown lawn. Read more………
Rancho Santa Fe Association seeks more rights for condo owners
The Rancho Santa Fe Association will pursue granting RSF Golf Club membership rights to condo owners in the Covenant. The change would require a modification of the Association’s Articles of Incorporation and would be subject to a member vote. Read more………
Don’t require condos to have thirsty lawns
Anyone who’s ever lived in a condominium knows that the homeowners association isn’t a happy institution for neighborly chats: it’s a form of hyper-hyper local government that can have a huge effect on how you live your life. Read more……
Bill would protect California homeowners association members who reduce water use for landscaping
A bill moving through the Legislature protects people in homeowner associations from retribution if they take steps to reduce water use for landscaping. Read more………
Placentia (CA) condo declared unsafe by hazardous-materials team
Two condominiums were evacuated for about two hours and another was declared unsafe after a hazardous-materials team found an array of chemicals inside. Read more……..
California Bills Seek to Protect Tenants From Condo Conversion Evictions
Dean Preston with Tenants Together says the Ellis Act was intended to help long-term landlords sell their properties. He says as it’s used now the act only helps people who want to convert low rent apartments into high rent condominiums. Read more…….
Cleanup at Hollywood Condo Complex After Vandals Smash Dozens of Cars’ Windows
Burglars smashed in windows in 50-60 cars overnight at the Trafalgar Towers condo complex in Hollywood, residents said. On Monday auto glass repairmen brushed away fragments of shattered glass left behind by the vandals at the complex at 1400 S. Ocean Drive. Read more…….
Hundreds of SF residents’ homes saved from condo conversion (CA)
A six-year court battle over the future of a huge apartment complex in the Western Addition ended in what some are calling a victory for the tenants in 459 units saved from condo conversion along Fillmore Street. Read more……..
Nielsen introduces drought relief legislation for homeowner association communities (CA)
For residents living in communities governed by homeowner associations, this means that they could be caught between breaking the water reduction mandate to comply with their covenants, conditions and restrictions to keep their lawns greens or pay their HOA potentially hefty fines. To relieve homeowners of this dilemma, Sen. Jim Nielsen, R-Gerber, introduced Senate Bill […]
HOA Had Standing to Sue Developer on Behalf of Members (CA)
The Court of Appeal for this district yesterday ruled that a homeowner’s association has standing to bring causes of actions against developers on its own behalf and as a representative of its constituent homeowners. Read more……
Homeowners Association/Arbitration: Duo Unpublished Decisions Out Of 2/6 DCA Are Interesting
This one involved a 15-year feud about a hot water heater. (We are not kidding.) In essence, there were some mediation settlement agreements reached between the homeowners and housing co-op about the water heater in one housing coop unit, with homeowners accepting $50,000 in settlement at one point under a mediation settlement agreement. Read […]
Condo owners win secondhand smoke case (CA)
An Orange County jury has found a homeowners association negligent for failing to resolve a secondhand smoke dispute between neighbors at a Trabuco Canyon condominium. Read more………