Responding to an accommodation request does not have to be scary. Adopting a policy for an association to follow goes a long way to successfully addressing accommodation requests properly. But there are several stages where boards and managers can get tripped up in the process. Read the article……………………..
6 Ways to Use Your Budget as a Catalyst for Change
In today’s chaotic world, we are all searching for more meaning – whether it’s in our personal or professional lives, or both. Relevancy is important, and our impact is the measurement of that relevancy. While I could give you plenty of advice on how to take a vision quest to find personal fulfillment, in this […]
Large Fee Recovery To Prevailing Defendants In CID Parking Space Dispute With Other Homeowners Reversed
In Hussein v. Driver, Case Nos. A144786/A145655 (1st Dist., Div. 4 Jan. 27, 2017) (unpublished), plaintiffs and defendants, homeowners in a common interest development as well as the parents of defendants, were drawn into a parking space dispute where slander of title, interference with contract, and trespass claims were involved. Defendants eventually prevailed either on […]
When Can an HOA Board Call an Executive Session?
As a member of an HOA board you have many responsibilities. One of the most important and least understood by many Board members is the Executive Session. A good understanding of this matter may save headaches in the long run and keep the Board out of thorny situations. Read the article…………….
6 Ways to Use Your Budget as a Catalyst for Change
In today’s chaotic world, we are all searching for more meaning – whether it’s in our personal or professional lives, or both. Relevancy is important, and our impact is the measurement of that relevancy. While I could give you plenty of advice on how to take a vision quest to find personal fulfillment, in this […]
SB 814: Discouraging Excessive Water Use (CA)
California is experiencing the worst drought in over a century. While recent rains bring good news for our water supply, the California Legislature has enacted a number of laws aimed at water conservation that still stand. Existing law requires the Department of Water Resources and the State Water Resources Control Board to take appropriate actions […]
Tips to Handle Drones in Your Community
Drone sales are on the rise. According to Business Insider, consumer drone shipments will quadruple in the next five years, as drones get easier to operate by beginners and competition causes prices to drop. In addition, big businesses like Amazon and Walmart are beginning to test pilot programs using delivery drones. This technology can cause […]
How to Avoid Being Responsible for Your Renters HOA Rules Violations
How many times have you been at an HOA board meeting and heard, “it’s the renters who don’t follow the HOA rules” or “our homeowner’s association assessments are increasing because the renters don’t care about our building and following the rules!” Approximately 4 in 10 homes in suburban America are occupied by renters. If your […]
When to Turn to Your CC&R’s
As a community association management company, we often receive inquiries about the differences between governing documents and where to look for specific guidelines regarding particular issues. We have detailed the differences between each type of governing document in an article titled “Understanding the Differences between CC&Rs, Bylaws and Rules & Regulations” but here is the […]
7 Reasons to Hire an HOA Manager This Year
How is your homeowner’s association doing? Is everything running easily and smoothly? Do you have interested members at each HOA board meeting? Is your reserve fund fully funded? What would you do if you were faced with a lawsuit or an unexpected project? If you answered no to any of these questions or don’t know […]
Recent Preliminary Injunction re: HOA and Free Speech (CA)
On December 23, 2016, San Francisco Superior Court Judge Richard B. Ulmer, Jr. issued a preliminary injunction barring Gramercy Towers Condominium Association (“GTCA”) from enforcing a “Rule Regarding Communications with the Board of Directors, Residents and Contractors” (the “Rule”) on the basis that it may chill protected speech. The Rule purports to bar homeowner’s association […]
Foreclosures – Enforcement of Judgments – Equitable Redemption (CA)
In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure section 680.10 et seq., setting forth the standards for enforcing judgments by writ of execution. The EJL made sales pursuant to foreclosure judgments absolute, as long as the proceedings were “proper” under the EJL. This case considered whether a […]
5 Ways an HOA Board Can Encourage Member Involvement in the New Year
Since a new year is about to begin, this may be a good time for the HOA board to communicate with the Association members about several ways they can help make the community an even better place to live in the next year and beyond. See the list below for ideas to get you started. […]
New Year Brings New Laws that will Impact California Community Associations
Community association managers, board members and residents living in the nearly 50,000 community associations throughout California will be directly impacted by several new laws when they wake up January 1, 2017. Read the article………….
4 Tips fora Successful HOA Board Meeting
HOA Board meetings are the backbone of a homeowners association. They are the mechanism by which the Board discusses important topics, collects input from homeowners and makes decisions that will ultimately affect everyone who lives in the community. At their best, they are important tools to help the Association operate effectively, ensuring that everyone is […]
Secret Ballots and Quorums in California
HOAs are run much like a democracy. The people within the community or board members vote on issues that affect the community, such as new rules. However, even people heavily involved with the HOA can find all the rules and regulations confusing, especially when there are state, local and association rules and laws to follow. […]
What’s Covered by Your HOA and What Isn’t
Many homeowners who live in HOA’s come to us seeking clarity about who is responsible for what in terms of their homes, yards, and amenities. We hear all sorts of questions, including things like: Am I responsible for trimming the trees near the sidewalk? (Answer: Depends on whether the tree is within your property lines) […]
Ways to Help Make Your Homeowners Association Community Better
Your homeowners association has a lot going on, and that includes a range of upcoming social events as well several important ongoing projects. The HOA board may also find that the website needs updating, there’s always room for another article in the Association newsletter Read the article………….
HOA directors’ votes on contentious HOA projects were protected activity under anti-SLAPP statute (CA)
Homeowners association directors’ votes on contentious HOA projects were protected activity under anti-SLAPP statute. This action was brought by three members of the board of directors (board) of the Friars Village Homeowners Association (FVHOA) against six other board members and the FVHOA manager[1] but, surprisingly, not against FVHOA itself—despite the fact the dispute focuses on […]
4 Tips to Read Before You Deck the Halls in the Homeowners Association
During the holiday season many homeowners association members plan festivities with friends and loved ones. With all of the merriment that’s sure to ensue, it’s important that the HOA board reminds residents who are hosting celebrations to not only be considerate of their neighbors, but also take note of the Association’s rules. A complete listing […]
Construction company claims insurance provider failed to protect it (CA)
A trial date has been set for the end of January in an insurance coverage case to determine who is responsible for water and mold damage sustained in a condominium. Saarman Construction Ltd. was hired by a homeowners association to complete repairs on the exterior of a condominium complex that has sustained water damage not […]
The Importance of Democracy in Your Homeowners Association Community
Homeowners within in a homeowners association possess a right to participate in deciding what will be done about community issues that affect all residents. By casting their vote—either in person, or by proxy, or absentee ballot—they can help make important choices. Read the article………….
Tips if You’re Planning HOA Board Elections at Your Annual Meeting
Is your HOA board ready for the association’s annual meeting? Typically, most homeowner’s association hold their annual meetings at the end or beginning of the year. Not only is it a great way to keep members informed, but it’s also the time for many HOAs to hold board elections – in fact, it’s also the […]
AB 2362 – Why You Should Use a Licensed Pest Control Operator (CA)
Beginning January 1, 2017, a common interest development association or its authorized agent must provide notice to an owner and any tenant if a pesticide is to be applied to a separate interest or common area without using a licensed pest control operator. Under certain circumstances, notice will also be required to owners and any […]
What are Your Property Management Priorities?
Successful community management requires juggling many challenges, large and small. If not managed correctly, issues can pile up and cause gridlock. We see many Boards struggle to make progress on necessary projects simply because they have reached an impasse about which items should take priority. To receive the most support from your community’s property management […]
How to Resolve Disputes Over Common Areas in an HOA Community
When homeowners live in close proximity, as in a gated community, condo complex or other HOA-managed community, disputes over common areas are bound to arise. Tempers can flare, leading to unnecessary conflict and problems between residents and Board members. In this article, we show you how to successfully address and resolve common area disputes so […]
SB 918 – You Want Notice Where?
One of the more interesting bills that came out of a relatively quiet year from a legislative standpoint for California’s community associations is SB 918. This law, which goes into effect on January 1, 2017, does two main things: One, it requires an owner to provide their association with all of the following information: […]
8 Things to Be Thankful for in Your Homeowners Association
As Thanksgiving approaches many of us have many things to be grateful for. Volunteering as an HOA board member of your homeowners association is sometimes a thankless job — but there are a few things you can be grateful for. Your HOA does good things for the community and makes it a better place to […]
Defendants Homeowners/ HOAs Fee Recovery As Prevailing Party Affirmed On Appeal (CA)
Homeowner/landowner cases seem to bring a lot of angst and emotions, maybe not as much as the recent presidential election, but still on the top level on a range scale from 1 to 10—we would say most disputes are in the 7-10 range. The problem in these controversies is that there are often CC&R contractual […]
The Basics of Living in a Community Association
Though many Southern Californians live in neighborhoods that are governed by a community association, we find that lots of residents are unclear about the rights and responsibilities they have as members of the association. As a result, homeowners and condo owners are missing out on the complete scope of available benefits. In this article, we […]
Beware CC&Rs — They Can Bite
In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most difficult concepts to explain is the impact of property use restrictions in the form of covenants, conditions, and restrictions — the often dreaded “CC&Rs.” After all, being in America, […]
5 Actions an HOA Board Should Take to Clarify Maintenance & Insurance
One common subject that often causes confusion in a homeowners association is grasping the difference between the maintenance responsibilities of an association and the items that are covered by the association’s insurance policy. Often owners and even HOA board members may not understand the differences between these two subjects. Read the article…………..
HOAs: How to make community service fair
It is a basic truth that the risk in any venture should match the reward. High risk investments should bring high yields, while low returns may be acceptable for very secure investments. The same principle should be applied to volunteer board service. Start with the reward – what is the compensation for board (volunteer) service? […]
What Your HOA Board Needs to Know About Maintaining Playgrounds
Some associations have extra space for various amenities. Some have parks, tennis courts, or even lakes and water features. One amenity that’s a feature in some associations is playgrounds for children. There are many different types of playgrounds and play apparatus for associations to choose from. Whether your association has had a playground from the […]
Demystifying Homeowner Associations
Townhomes, condominiums, homes in planned developments, co-op style housing — most of these types of residences are sold along with a homeowner association (HOA) agreement. Educational Community for Homeowners (ECHO), a San Jose-based nonprofit that assists homeowner associations with everything from finances to insurance, states that, “homeowners associations act as both landlords and mini-governments to […]
How HOAs Can Solve Short-Term Rental Challenges
With the growing popularity of peer-to-peer short-term rental services like Airbnb and VRBO.com, HOA boards face a number of new, rental-related challenges. On one side are homeowners who want to generate income through their property. On the other side are the potentially adverse impact on neighbors, common spaces, and community enjoyment. These issues are solvable […]
Tips from an HOA Board for a Safe Halloween in Your Association
Halloween is a kid’s delight. It’s a blast to dress up in costumes, go trick-or-treating, attend parties and most of all, eat a lot of candy. At the same time, Halloween can be scary for parents. Costumes can be dangerous, too much candy can be sickening and walking around at night can be risky, even […]
Help for HOA Boards Sorting Out Secret Ballots, Quorums and Elections (CA)
As a volunteer HOA board member or homeowner within an association, elections, quorums, secret ballots and things related can be very confusing. They can even be confusing to those trained to work in this industry. If nothing else, you should understand that not all elections are equal Read the article…………..
Messing With The HOA Can Be Expensive
Most homeowners in a common interest development probably understand that it can be a real hassle to get into a dispute with the Homeowner Association (HOA). Not so many, though, may know that it can become pretty expensive as well. A recent case from California’s Fourth Appellate District Court of Appeal makes the latter point […]
What an HOA Board Should Do About Bullying in a Homeowners Association
There’s a lot of talk, along with articles and commentary these days about online bullying. This can take place on Facebook, Twitter and other social media platforms. It can take the form of inappropriate pictures that someone secretly takes of others and then posts on the internet or just in the mean and inappropriate communications […]
HOAs: The Business Judgment Rule protects boards but is not a free pass
Courts normally defer to HOA boards as long as the Business Judgment Rule is followed. The State Supreme Court said so in 1999, while deciding Lambden v. La Jolla Shores. In the Lambden case, a homeowner contended the board should have responded to a termite problem with fumigation instead of spot treatment. The court held […]
Protection for volunteers: Remember the business judgment rule
Association directors are unpaid, serving their neighbors as volunteers – is it fair that they can be sued for the decisions they make? The Business Judgment Rule (“BJR” for brevity) is the first thing all directors should learn, but well-meaning directors unwittingly stray beyond its protection. Read the article…………….
Short Term Rentals in Community Associations and Cities – a Constantly-Changing Landscape
Rental restrictions have been a topic of conversation among those living in and serving community associations for several years. However, in the past few years the conversation has shifted from things such as rental caps to specific provisions regarding short term rentals. Associations are understandably concerned about short term rentals given that associations are “shared […]
What is a Reserve Study and Why Should an HOA Board Care?
As a homeowner or renter in a homeowners association, you know the importance of setting aside a little bit of money each month in case of an emergency. After all, you never know when you might have to replace an appliance or take your car to the mechanic. In order to effectively do this you’ve […]
HOA Management: Creating a Strategic Plan for Your Community
A strategic plan is a valuable resource, especially for large or aging communities. In this article, we will outline exactly what defines a strategic plan and how it can help guide your homeowners association property management decisions. Read the article………….
How an HOA Board Can Ask for Member’s Help as Inspectors of Election
It’s that time again in your homeowners association – time for the Annual Director Election. To be proactive and try to drum up participation from the membership, the HOA board may want to send out a notice to the members asking for volunteers to assist in this process. The notice could include the following: […]
Homeowners Association/Reasonableness Of Fees/Section 1717: $25,614 Post-Judgment Enforcement Fee Award To HOA Affirmed On Appeal
The attorney for the prevailing homeowners association (HOA) did something very smart in Bryan Ranch Homeowners Assn. v. Lawrence, Case No. A147659 (1st Dist., Div. 1 Sept. 16, 2016) (unpublished), which we will now describe. There, a homeowner and HOA were embroiled in a 14-year conflict involving compliance with HOA’s CC&Rs. The parties reached a […]
Debunking some toxic mold myths
In 2000, a new “toxic mold” panic swept the country, and after 16 years of untold lawsuits and billions of dollars spent, major myths still plague and unnecessarily panic association boards, managers and homeowners. The myths all too often cause exaggerated repairs, unduly frightened residents, and conflict. In this and the next column, I will […]