Many talented successful people find themselves continually frustrated with volunteer service on their HOA board, and often are surprised to find themselves in conflict regarding their HOA service. This can be rooted in the failure to understand that HOAs run very differently than businesses, and some of the practices which bring career success are not […]
7th Cir. Rejects Plaintiff’s FDCPA Arguments Regarding ‘Consumer’ Debt
The U.S. Court of Appeals for the Seventh Circuit affirmed entry of judgment on the pleadings against a former condominium association board director’s claim that the association’s attorneys’ request for fees in a separate state court action filed by the association against the former director violated the federal Fair Debt Collection Practices Act (FDCPA). In […]
Homeowner Associations: $390,668 Fee Award To HOA Affirmed When Appellate Court Affirmed HOA Interpretation Of Palm Tree View CC&Rs And Accompanying Policies (CA)
Over the years, because a lot of us live in common interest developments, we are used to seeing homeowner association fights with homeowners, many occurring based on view restriction or tree limitations—generating plenty of disputes by both sides. In the next case, HOA prevailed and, with it, garnered a substantial attorney’s fees award under the […]
What to Look For When Hiring an HOA Management Company?
Board members of a homeowners association take on a lot of responsibility. Not only could the sheer number of tasks be intimidating, but the types of skills required aren’t always found within the board. When this is the case, the homeowners association may consider hiring an HOA management company to run the day to day […]
COMMON HOA RULES HOMEOWNERS ACCIDENTALLY BREAK
We know that rule enforcement is generally a touchy subject for HOA members. It’s the same for the HOA management company. No one feels great about issuing violation notices to homeowners. However, there is an important reason these rules exist at all: to protect and preserve property values by making sure that the community is […]
There is no Such Thing as a Free Lunch – Or a Free Clubhouse: Implementing Reasonable Limitations on Political Speech and Assembly Rights in California HOA’s
We have just passed the two-year anniversary of California Civil Code 4515. This is the law that protects certain rights of members and residents to political speech and peaceful assembly within California community associations. With election season in full swing, it is important for Boards and management to be reminded that the rights afforded to […]
HOA column: How California law aims to protect residents’ religious rights
On July 30, Senate Bill 652 was signed into law by Gov. Gavin Newsom in response to several incidents in which a homeowners association asked a resident to remove a mezuzah from their unit’s entry door or door frame. Readthe article…………………………….
Can the Association Lien for Fines? (CA)
Asked – Is there any way to collect a fine other than going to court? Answered – Monetary penalties (i.e., fines) are just one of the many tools in a homeowners association’s (“HOA’s”) arsenal to enforce its governing documents. They are primarily used to deter violations, as well as to compel compliance from a member, […]
So, what does the “Inspector of Elections” do, anyway? (CA)
The role of the inspector of elections can be a confusing mystery to members asked to serve in that role and to managers who may not really know what the job involves.Read the article……………………………..
5 Traits to Look for When Hiring a Community Manager
There is a 33% turnover rate in the property management industry, which indicates that it can be hard to find and retain talent. If you’re looking to hire a new community manager to replace someone who has left or perhaps your business is growing, you want to ensure that you choose the right candidate and […]
What Defines Modern HOA Management?
Homeowners associations are a relatively new way to organize residential living, with origins that can be traced back only to about the middle of the 20th century. However, in the construction boom that took place in southern California in the 1960s, HOAs quickly began to gain significant traction. Read the article……………………..
How to Deal With an HOA Conflict of Interest
HOA board members are bound by a code of ethics to put the interests of their associations ahead of their own. They have a fiduciary duty to the community and its covenants, as do property managers. Conflicts of interest between board members, property managers, and vendors – or even the appearance of conflicts of interest […]
Error In Lower Court’s Narrow Interpretation Of Civil Code Section 5975(c) Led To Reversal Of Attorney Fees Denial To Prevailing Defendants (CAA)
In Alexander v. Singletary, Case No. D075943 (4th Dist., Div. 1 January 21, 2020) (unpublished), one of five homeowners in a common interest development unsuccessfully sought judicial declaration that the governing documents were unenforceable as to him, and for partition from the development. Read the article…………………….
HOA Homefront – New Year’s resolutions of HOA service providers
This is the fourth and final installment of this resolutions series, which previously addressed directors, homeowners, and managers As the association’s service provider, I resolve to: Read the article…………………………..
Overzealous Board Members: Understanding the Scope of the Board’s Authority to Enforce the Governing Documents
Homeowners associations (“HOAs”) are governed by a group of volunteer members known as a “Board of Directors” (“Board”). Their primary responsibilities include: (1) managing the common areas, (2) managing the HOA’s finances, (3) setting policies to assist in the operation of the HOA, and (4) enforcing those policies along with the HOA’s governing documents. The […]
FAQs Regarding SB326, California Civil Code Sections 5551 and 5986 and the Balcony Bill
On August 30, 2019, Governor Newsom signed SB326 and it became law January 1, 2020. This law requires all California condominium associations with “exterior elevated elements” to have those elements inspected. We have been getting a lot of questions and this article is intended to address and answer those that we hear most frequently. Read […]
Limitation on HOA Tort Liability for Failure to Uphold Maintenance Obligations (CA)
One of the primary purposes for which a homeowners’ association (“HOA”) is formed is to maintain and repair the HOA’s common areas, as well as any other areas designated within the HOA’s recorded Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) (i.e., HOA Maintenance Areas). Faithfully executing the maintenance obligations under the CC&Rs is important to […]
Homeowners Association and Security
One of the most important aspects of a managed community is its security. Homeowners obviously want to feel safe. But having a great security system isn’t just needed for homeowners’ peace of mind. Security is part of the fiduciary duty of the HOA board of directors. That’s right — a lack of security can be […]
Dog Parks: Best Practices for Limiting an HOA’s Liability Exposure
One of the many benefits of living in a homeowners association (“HOA”) is the amenities provided to its residents. Common amenities include recreational rooms, pools, and fitness facilities. One amenity gaining in popularity is designated for the community’s canine companions: dog parks. Dog parks provide dogs with a designated off-leash area where they can run, […]
Homeowner Associations, Section 1717: $220,000 Fee Award To HOA Under CC&Rs Fees Clause Was Proper (CA)
HOA and HOA directors were awarded $220,000 in attorney’s fees against an unsuccessful plaintiff bringing a suit to challenge HOA’s policies and CC&Rs about parking and the permitting process, as well as enforcement thereof. Read the article………………………….
Religious Discrimination Fair Housing Case Settles for $40,000 (CA)
Just this week, the California Department of Fair Employment and Housing (DFEH) announced that it settled a housing discrimination case involving a condominium owner who alleged her homeowners association and management company violated the law by refusing to permit the resident to display a mezuzah (a small religious object placed on the door of many […]
Legal Update: Parth – Trial Court Decision (CA)
In 2016, the Court of Appeal released its opinion in Palm Springs Villas II Homeowners Association, Inc. v. Parth (2016) 248 Cal. App. 4th 268, causing much discussion in the common interest development industry. The Court of Appeal reversed the trial court’s grant of summary judgment in favor of defendant Erna Parth, finding that there […]
How to Collect Difficult Homeowners Association Fees
When an HOA homeowner has failed to pay their fees, the board has a fiduciary responsibility to pursue collection of that money. The entire community depends on the benefits the dues pay for. If the board can’t pay for services that are expected by the community, there could be big problems. Read the article…………………………
Important California Laws To Protect HOA Owners Related To Accessory Dwelling Units & Religious Decorations On Doorways
When deciding to relocate to a new state, it is important to be constantly aware of new legislation that is going into effect related to your housing circumstances. This is also important for established residents to remain informed about their housing development and what protections they have. This is particularly true in California where recent […]
How HOAs Can Work With Disabled Residents
For the most part, homeowners association boards try to enforce the rules as uniformly as possible. They want to avoid any accusation of being unfair or treating some residents differently. But there is a time when the board must consider breaking the rules – when special accommodations are needed for someone with disabilities. They may […]
Case Law: Heron Bay Homeowners Association v. City of San Leandro (CA)
Halus Power Systems sought approval from the City of San Leandro for a zoning variance to construct a 100-foot-tall wind turbine on an industrial parcel. The property is located in an estuary, where many species of waterfowl and shorebirds, including threatened or endangered species, reside. The property is also roughly 500 feet from the 629-unit […]
Second District Affirms $67,458.07 Attorneys’ Fees Awarded To Prevailing Defendant On Remand (CA)
We first discussed our next case – Durack v. Wang, Case No. B293597 (2d Dist., Div. 7 November 18, 2019) (unpublished) – in a September 27, 2017 post. In that appeal, Wang, who prevailed on demurrer against most of plaintiffs’ causes of action – with the remaining causes of action voluntarily dismissed by plaintiffs – […]
Droning On and On…Should Associations Use Them to Catch Violators in the Act? (CA)
Serial dog poop litterers, unauthorized parking of vehicles, architectural violations, smoking nuisance—the list goes on and on when it comes to common “repeat violations” that a homeowners association (“HOA”) encounters on a day-to-day basis. With the increasing number of repeat violations and limited number of HOA board members and property managers, questions have surfaced whether […]
Deck Police – The New Mandate for HOA’s Takes Safety to the Next Level (CA)
A recent California law will hold homeowners’ associations accountable for the safety of their decks. SB326 now mandates all homeowners’ associations to have decks inspected at least once every nine years by an architect or structural engineer to determine whether the decks are safe and waterproof. This law (Civil Code section 5551) follows SB721 which […]
5 Signs It’s Time to Change HOA Management Companies
Switching your management company may seem like a lot of work, but the success of your HOA is worth it. When the association/management company relationship is working well, it makes life easier for everyone involved. On the other hand, when the relationship is faltering, it can create problems when trying to achieve even the smallest […]
Can and Should Homeowners Associations Regulate Flags?
Most of the time, Homeowners’ Association rules are pretty straight forward. Certain architectural restrictions are understood, fees are due a certain day, etc. However, there are a few times rules that affect issues that can be very sensitive for the community. One example is the homeowners’ ability to fly flags. What should be allowed that […]
SB 323 Signed! The New State of HOA Election Laws (CA)
Governor Newsom recently signed into law Senate Bill 323 (“SB 323“). SB 323 makes substantive modifications to the Civil Code’s provisions governing HOA elections, effective January 1, 2020. Some of the more significant modifications require associations to amend their election rules to conform to new statutory requirements, limit the types of candidate qualifications an association […]
SB 326 Signed! Balconies, Branches, and Builder Defect Actions (CA)
Senate Bill 326 (“SB 326”) was recently enacted by the California Legislature and will take effect January 1, 2020. The bill accomplishes 3 main objectives: 1) it requires associations to conduct mandatory inspections for exterior elevated elements, such as decks, balconies, and walkways; Read the article…………………………
Plaintiff Owner/Developer’s Award Of $1,673,691 In Damages and Entire Fee Request Upheld On Appeal (CA)
In Millennium-Diamond Road Partners v. Diamond Bar etc., Case No. B285539 (2nd Dist., Div. 3 Sept. 24, 2019) (unpublished), Owner/Developer Millennium sued HOA when it revoked Millennium’s access to undeveloped parcels of land Millennium had purchased for the purpose of developing residential properties. The undeveloped parcels of land were landlocked and adjacent to a guard-gated […]
How to Get Ready for Homeowners Association Holidays?
As the weather starts to cool, and you see leaves begin to fall from the trees, you know fall is here. It not only means sweaters, cocoa, and warming by a cozy fire but that the holiday season is fast approaching. Every month from October through the New Year will have national holidays that many […]
Appellate Court Rules on Ambiguous Architectural Restrictions (CA)
The California Court of Appeal recently ruled on the case of Eisen v. Tavangarian (2019) 36 Cal.App.5th 626, which involved a view protection dispute between neighbors. The Plaintiff Homeowners sued the Defendant Homeowners and alleged that Defendants’ remodeling violated several provisions of the HOA’s CC&Rs. Read the article…………………….
Can an Association Create and Enforce Rules that Only Apply to Children? (CA)
Asked – Our Association is seeking legal guidance regarding children playing in the common areas and driveways. Several homeowners have complained about the number of children playing without supervision. Drivers report their concern for the children’s safety as there have been several reports of children almost hurt. The Board would like to know if they […]
Can My HOA Prohibit Me From Installing a Solar Panel? (CA)
Anyone who lives in California in a planned development most likely has to join a HOA (Homeowners Association) in the process or purchasing the property. Most likely, this entails a yearly or monthly fee (which can be quite costly, depending on the area in which you reside). The HOA is the group that sets the […]
HOA Homefront: What, where is an “exclusive use common area?”
The typical condominium project consists of three categories of property – the “separate interest” (normally called the “unit”), the common area and a subset of a common area called “exclusive use common area.” Misunderstandings regarding exclusive use area lead to many disputes. Simply put, exclusive use areas are not “your” property, but a part of […]
What is An Annual Disclosure? (CA)
Every state regulates elements of how HOAs operate, and in California. Those regulations include which public documents need to be created annually by the HOA board. There are very detailed and specific requirements and should become familiar with the ins and outs of what is needed. Making sure these documents are created correctly and on […]
Adams Stirling Law Firm In Los Angeles Has An Excellent Summary Of Fee Shifting Provisions With Respect To HOA And Davis-Stirling Act Issues (CA)
We would like to thank Adams Stirling, a Los Angeles law firm specializing in HOA issues, for its excellent summary of HOA and Davis-Stirling Act fees issues and case law, which we post verbatim below and which can be found on its Website. We would note that the firm is headed by Adrian Adams and […]
When Disaster Strikes: What Does Your Community Association Cover?
Whether it’s a natural occurrence like a wildfire or earthquake or an avoidable catastrophe like flooding from a burst pipe, when major damage affects your home or property it can be tough determine where to turn for help and advice or how to determine the responsibility of the owner vs. association. In this article, we’ll […]
Richardson v. Huntington Pacific Beach House Condominium Assoc. (CA)
This case arises out of a dispute between the homeowners association of a beachfront condominium complex and three owners of six units in that complex. Condominium owners Dan Richardson, Andrea Richardson, and Judith Carter (collectively Respondents) sought injunctive relief in the form of an order directing the Board of Directors of the Huntington Pacific Beach […]
Defendant Condo Owner Voluntarily Dismissed From Suit Against HOA And Condo Owner By Other Condo Owners Before Trial Improperly Denied Fee Recovery Under Both Davis-Stirling Act And Code Of Civil Procedure Section 1032(a)(4) (CA)
Fee entitlement and prevailing party determinations often are matters of law, as they were here where the pleadings and facts made a reversal of a fee denial – something which was directed by our local Santa Ana appellate court in Richardson v. Stevenson, Case No. G056112 (4th Dist., Div. 3 Aug. 26, 2019) (unpublished). Read […]
Vendor Relationships – Navigating Resident Interactions
Our industry depends on a close network of skilled industry professionals who are dependable and responsive. Emergencies are common, particularly in condominium developments where breaks in shared or common water lines can lead to disaster. Quick action by association vendors can extinguish the root cause of the emergency and potentially reduce, if not eliminate, thousands […]
Defendant Pipe Supplier In Condo Construction Defect Suit Properly Denied HOA Section 998 Offer Of $325,000 As Too Token Given $22.7 Million Costs Of Repair For Defendant’s Scope Of Work (CA)
In Acqua Vista Homeowners Assn. v. MWI, Inc., Case No. D073666 (4th Dist., Div. 1 Aug. 9, 2019) (unpublished), plaintiff homeowners association sued developer defendants as well as pipe supplier defendant MWI in a construction defect suit under the Right to Repair Act (Civ. Code, § 895 et seq.). MWI made a pre-trial CCP § […]
Responsibilities of HOA Board Members
Volunteering to be on the board of your HOA is an important position that comes with a lot of responsibility. The board is tasked with making sure the community is running well and following the requirements of the governing documents. They solve problems and conflicts, handle the community’s budget, oversee maintenance and repairs, and much […]
How a short-term rental dispute in Indio landed in the California Supreme Court
In 2016, homeowners in Indio’s Orchard community were weighing an election-year decision. Should they — or shouldn’t they — restrict short-term rentals in their neighborhood? At the time, vacation rentals had become a contentious issue throughout the Coachella Valley, and The Orchard was no different. For years, opposing factions within the 93-unit community had disagreed […]
Navigating the Hidden Risks of Homeowner Security Devices
As security technology becomes less expensive and more accessible to average consumers, homeowners are provided with an exponential increase in available options for exterior security devices. A cursory Amazon search reveals hundreds of such devices including motion sensor lights and home camera offerings that can be accessed remotely from the convenience of one’s smart phone. […]