Fire can be a fear of residents within a homeowners association. They can break out in all sorts of situations, so it’s always good to remind owners in your community about fire safety. Did you know that nearly two-thirds of all kitchen fires start on the range or cook top? To prevent fires in your […]
How Can the HOA Board Be Politically Correct During Campaign Season?
The presidential race is in full-swing and everyone is gearing up for the home stretch of campaign season. While some people prefer to keep their opinions to themselves, others want you to know exactly who they’re voting for and why. How does all this come into play when you live in a homeowner’s association? […]
Substantiation Of Reasonableness Of Fees
This involved hotel unit condo owners’ over 3-year battle against the HOA and various management entities in which owners sought over $64 million for overcharging for hotel unit management services. The defense (several groups of cross-defendants) was able to obtain a dismissal of the cross-complaint, winning a combined attorney’s fees award of around $4.88 million. […]
Tips from an HOA Board: Help Residents Breathe Easy in Their Homes
Believe it or not, the air inside the homes in your homeowners association may be less healthy than the air outdoors. Modern and well-insulated homes can actually trap pollutants, thus raising their potential for harm. Several common houseplants, however, can help your community breathe easier by increasing oxygen levels and removing toxins from the air […]
Sober Living Homes: How do we balance recovery with residential living?
Recovering addicts, as disabled persons, have the right to seek a supporting living environment, free from discrimination. Residents have the right to quietly enjoy their homes. Recovering addicts often seek out sober living homes (SLHs) to reside with others battling with addiction while attempting to transition back into sobriety. Many are successful. Unfortunately, when attempting […]
The Power of Ongoing Education for HOA Board Members
As a volunteer board member on your community’s homeowners association, you are not expected to understand the complicated logistical and legal details that govern the community. However, the more you know about the ins and outs of property management, the more confident you can feel about each decision you make. A clear understanding of expectations […]
How to Efficiently Donate Used Items from Your Homeowners Association
It’s time for some seasonal cleaning in your homeowners association. Out with the old and in with the new – but what do you do with the “old” when it’s not quite ready for the landfill? Donating used items is a great option as long as you do a little homework to find out which […]
Creating Harmony on Your HOA Board
Part of the fun and reward of serving on the board of your homeowners association is getting the opportunity to listen to the many perspectives of other board members before reaching a decision that will best serve your community. In order for your community association management board to function smoothly, it’s necessary to create and […]
Tips to Prepare a Family Emergency Plan in Your Homeowners Association
Natural disasters affect thousands of people every year, and with the increased risk of severe thunderstorms, flash flooding and tornadoes these days, it’s a good idea to think about having an emergency plan in place. Consider preparing an emergency plan now before it’s needed. Read the article……………
HOA Board Function: Keep Owners Informed
One of the main complaints of owners in HOA’s is lack of communication by the association. For example, owners who are not kept well informed will balk when it becomes necessary to raise additional funds. Even if the board has discussed the need for these funds at its previous ten board meetings, owners who did […]
Homeowners Associations – Business Judgment Rule
Palm Springs Villa II Homeowners Association, Inc. v. Erna Parth Court of Appeal, Fourth Appellate District (June 21, 2016). The “business judgment rule” refers to a judicial policy of deference to the business judgment of corporate directors in the exercise of their broad discretion to make corporate decisions. Under this rule, a director is not […]
How Your HOA Board Can Make the Annual Meeting Worth Attending
Does your HOA board dread the annual meeting because it’s boring, no one shows up, and it seems completely and utterly pointless? If so, your Board is not alone. But it doesn’t have to be this way. In fact, the annual meeting in your homeowners association can actually be – dare we suggest – fun? […]
CA: SB 269: State Changes ADA Issues, but National Still at Issue
In 2012, the California legislature was incensed by unprovoked attacks on small commercial operations by drive-by “disability activists” who, after eye-balling the complex for ADA violations would sue, and then settle for attorney fees and a few dollars more. In response, the legislature enacted a defense for such businesses, Civil Code 55.3, 55.53. Read […]
Does The Business Judgment Rule Protect Directors Who Violate Governing Documents?
In Palm Springs Villas II Homeowners Ass’n, Inc. v. Parth, 2016 Cal. App. LEXIS 485 (June 21, 2016), the Court of Appeal considered whether the business judgment rule is available to a director who violates the corporation’s governing documents. Read the article………….
Do You Know the Limits of Your Homeowners Association’s Insurance?
If you’re a member of an HOA board, you probably know that having insurance for your homeowners association is a necessity to protect the HOA and its members. But do you know what type of insurance you need to have or what the Association is responsible for and what the individual homeowner is responsible for? […]
Your Guide to Updating HOA Governing Documents
Changing your community’s governing documents is a hot topic with many homeowners associations right now since lots of governing documents were established when the community was built and are therefore out of touch with today’s needs. Luckily, governing documents are not set in stone. They are designed to adapt to communities as they change over […]
Visiting Your Legislators Made Easy
Visiting your legislator can be easy, but the first time you do anything can be a little intimidating – a little nerve racking. That’s only the first time. We all need to get that one over with as soon as possible because we need your help. We need your legislators to hear your voice on […]
Successor Property Owner Win In Homeowner Assessment Foreclosure Battle Did Not Entitle Owner To Fees (CA)
In Multani v. APB Properties, Case Nos. B260610/B265172 (2d Dist., Div. 7 June 13, 2016) (unpublished), plaintiff HOA were embroiled in a protracted battle against the HOA and successor property owners of the condominiums regarding the propriety of an assessment foreclosure. Read the article………….
6 Tips for a Safe Bug Season in Your Homeowners Association
Whether you’re attacked while working in the garden, enjoying a picnic in the park or lounging by the pool, bug bites and stings are an inevitable summer annoyance in any homeowners association. At best, bites and stings can be uncomfortable for a few days; at worst, they can be a serious, life-threatening hazard.Here are some […]
9 Tasks of an HOA Board Treasurer
All members of the HOA board are responsible for the Association’s overall financial health; but the treasurer has specific duties to protect the Association’s assets. These duties—and the authority to exercise them—are found in the homeowners association’s governing documents and also in state laws. Read the article…………..
Tips for Submitting Repair & Maintenance Requests
Your community management company has two primary goals: to increase your property value and to facilitate the enjoyment of the community for all residents. Part of ensuring that the community looks attractive is to address maintenance requests right away, so your management company assumes the role of facilitating communication between residents and the community association’s […]
What an HOA Board Should Know About Calling a Special Meeting
Have you, as a member of a Board of Directors for a homeowners association, ever had a special meeting called for your Association? Special meetings are unscheduled meetings called from time to time by the HOA board or others for a specific purpose. Special meetings usually address issues that need immediate attention or that need […]
Community Management: 3 Things You Need to Know
Working with a community management company to oversee how your neighborhood or condo complex is run can be frustrating to those who lack a clear understanding of the purpose and role of a management company. Whether you are new to a community with a homeowners association (HOA) or have lived for decades in an area […]
What Exactly Are the Governing Documents in a Homeowners Association?
We’re always talking about the governing documents of a homeowners association, but what are they, why are they important, and what do they say? Read the article………….
Are There Exceptions to the Rules in a Homeowners Association?
Associations have rules to preserve the appearance of the community, protect the value of the common property and individual homes, and make the neighborhood more harmonious for all. What you may not know is that in some rare instances, the homeowners association will waive some rules and regulations. Read the article…………
Homeowner Associations/Prevailing Party: HOA’s Request For $1.666 Million In Fees Against Homeowner Properly Denied (CA)
HOA in Roslyn Lane, LLC v. Cave Street Homeowners Assn., Case No. D065134 (4th Dist., Div. 1 May 10, 2016) (unpublished) was unhappy and appealed after the trial court denied its request to recover $1,666,203.80 (no typo) in fees in a hard-fought architectural CC&R dispute. Read the article…………
$378,712.50 Fee Award To HOA Affirmed On Appeal (CA)
We can now add Whitehawk Ranch at Hubbard Homeowner Assn. v. Bolin, Case No. B252717 (2d Dist., Div. 8 May 10, 2016) (unpublished), where homeowner lost a CC&R dispute and was hit with a $378,712.50 adverse fee award which was affirmed on appeal. Read the article………….
Basic Responsibilities That Come with Being an HOA Board Member
Your community within your homeowner’s association is more than just a neighborhood. In many ways, it’s a lot like a business. Collectively, the regular assessments that each homeowner pays amounts to tens of thousands of dollars that need to be budgeted carefully and spent wisely. Read the article…………..
How to Be the World’s Worst HOA Board Member
You don’t want to be that guy (or gal) do you? You know the one – unreliable, uninformed, and unmotivated. It seems like every Association or organization has this type of person that everyone just puts up with or secretly doesn’t like at all. Do yourself a favor: look at the following list and be […]
Finding a Community Manager That Fits Your Community
Many homeowners associations look for community managers with years of experience managing similar communities in the area. While experience is certainly important, the real value for an HOA comes from finding the right fit between the manager and the community. It’s one thing for a manager to be technically competent or have seen it all, […]
Court Found HOA Could Fine For Short-Term Vacation Rental Activities But Awarded Fairly Small Fines
Almanor Lakeside Villas Owners Assn. v. Carson, Case No. H041030 (6th Dist. Apr. 19, 2016) (published) involves a $101,803.15 fees/costs award to a prevailing homeowner association against homeowners who were found to have violated short-term vacation rental CC&R provisions but were only fined $6,620 in fines out of a requested $19,979.97. Homeowners were not happy, […]
Managing Conflict in Your Community Association
When large groups of people try to accomplish a shared goal, differences of opinion are bound to arise. Stifling differences of opinion is never a good idea. Community association management boards and companies that provide on-site community management value various perspectives and rely on diverse points of view to ensure that they’re seeing the big […]
An HOA Board’s Fiduciary Duty: The Key to Avoid Conflicts of Interest
In general terms, fiduciary duty is the highest standard of care imposed under law, and it occurs when one or more persons are responsible for the money or property of another. The fiduciary is expected to be honest, free from fraud and faithful to his or her obligations. Read the article………….
How to Prepare for Presenting Your Great Idea to the HOA Board
You live in a homeowner’s association. You have a great idea. You’re not on the board, and elections are months away. What next? Present it. Presenting a good idea, whether to the HOA board or to a boss or to anyone else in the position to approve it, isn’t about them or you — it’s […]
How Can Residents Be Active in Your Homeowner’s Association?
Every homeowner’s association community always seems to have a lot going on, and that can sometimes include, among other things, a range of upcoming social events in addition to several important ongoing projects. Read the article………….
Investing Reserve Funds (CA)
A board’s primary goal should be the preservation of the association’s reserves against loss. Sometimes an association’s governing documents may limit investment opportunities by requiring that funds be kept in FDIC insured accounts. Read the article…………
Court Makes it Easier to Strip Mortgages
Robert and Darlene Blendheim (“Blendheim”) were borrowers who obtained two mortgages from HSBC Mortgages Services in the amounts of $347,900 and $90,474. In 2007, the Blendheims filed for Chapter 7 bankruptcy protection and obtained their discharge. The day after receiving their discharge, they filed for Chapter 13 bankruptcy protection in order to restructure their debts. […]
And in this corner: Judicial referees as alternatives to juries in California
More than 10 years ago, California’s highest court held that pre-dispute contractual jury waivers were not enforceable. However, the Court directed contract parties to two safe havens from juries: arbitration and judicial reference, both of which, in effect, provide for the waiver of jury trials. Read the article………….
How an HOA Board Should Use the Reserve Fund vs. Operating Fund
Funding community operations is one of the most important, if not the most important, functions of an HOA board. Properly overseeing day-to-day actions and long-term projects insures the homeowners association will have a continuous supply of funds to keep the community running effectively. Read the article…………..
5 Ways You Can Help Your HOA
Your community’s HOA is not just tasked with enforcing parking notices and trashcan warnings. Your homeowners association provides a very serious function: to protect the multi-million-dollar asset that is your community. Your HOA board is comprised of volunteers who share the responsibility of ensuring that decisions and operations are in the best interest of your […]
HOA Board Function: Protect Assets
Part of a board member’s fiduciary obligation is to protect the assets of the association. In addition to money in the bank, these community assets may include tennis courts, golf courses, pools, tot lots, utility rooms or other recreational areas within the association. Often these assets are valued in the millions of dollars. Read […]
Appeal/Prevailing Party: Nonsuit Reversals On Appeal Meant No One Got Appellate Fees For Prevailing
To be a prevailing party, you have to wait until the “end game.” That means that partial reversals on appeal, especially as to different parties, well may await a further determination in a retrial before a prevailing party can be declared with finality. Read the article…………
Who’s the Client?
The question sometimes comes up, usually from a homeowner or group of homeowners, concerning who the attorney representing the association in a matter actually represents. Some years ago, the California Court of Appeal provided a clear answer. Read the article………….
Why a Strategic Plan is Crucial for Your Homeowners Association
A strategic plan outlines priorities and projects for the immediate future and for years to come. It can accommodate revisions as changing circumstances dictate—without conflicting with the vision behind its creation. It also helps determine what the year’s budget will include and suggests what future ones might feature. Read the article…………
Living in a California Common Interest Development
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Why a Loan is (Sometimes) a Good Idea for Your Homeowners Association
Your association board is planning for the big project on the horizon, and is currently reviewing how to finance it. For several reasons, you don’t believe you’ll have enough funds in the association’s operating budget or reserves to cover the project’s entire bill. What should you do? Split the project up over several years, levy […]
Drones, New Legislation, and Associations
In 2015, the California Legislature enacted two bills, Senate Bill 142 and Senate Bill 856, which take the first steps toward addressing the potential for drones to trespass and invade individuals’ privacy. Read the article…………
What to Ask a Potential Management Company
Every property management company has strengths and weaknesses. Some have a national presence but little understanding of local challenges. Some offer more boutique-style service but simply don’t have the resources and manpower to provide consistently high service levels and tools your community requires, resulting in burnout and high manager turnover. And some are the perfect […]