The success of a homeowners association is based on the members and Board working together. If the community is not taken care of, it will catch up with Association, affect property values, decrease the quality of living, and create a disharmonious environment. Read the article…………
3 Things an HOA Board Can Do Now to Combat Costly Maintenance
There is always work to be done, especially in a homeowners association. It’s crucial that an HOA Board plan for general, ongoing maintenance and upkeep. This is important in order to keep the Association a safe place to live and keep it an appealing place to live. Read the article…………
Chimney Safety Tips for Homeowners Association Residents
There is nothing as serene as a warm, crackling fire on a cold, winter night. There is also nothing more dangerous if your chimney is damaged. When is the last time that you have checked on your chimney safety in the homeowners association? Read the article………..
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 the article…………
How an HOA Board Can Prepare to Work with a Manager for the First Time
If your HOA board has hired a manager for the first time, there are a number of things it can anticipate the management company will ask for. The Board can prepare for the manager in advance by gathering specific documents and records pertaining to your homeowners association. Read the article……….
Statements Made in (CA) HOA Recall Election Campaign are Subject to Anti-SLAPP Protection
A Strategic Lawsuit Against Public Participation or “SLAPP” is a civil lawsuit brought to either prevent or punish another person for exercising their First Amendment right to petition the government or to speak about public issues. The primary purposes of these lawsuits is to use the courts to obtain economic or other coercive leverage over […]
Court Upholds HOA’s Short-Term Rental Rules
A California Homeowner Association (HOA) adopted a rule that homeowners who rented out their homes could not do so for periods of less than seven days. Moreover, the HOA imposed an annual fee of $325 on owners who rent out their homes. The purpose of the fee was to defray, at least partially, the extra […]
California Appellate Court Affirms Association’s Right to Impose Restrictions on Hardwood Flooring
One of the consistent issues plaguing condominium associations is that of unapproved hardwood floors. Often installed in an attempt not only to improve or beautify the unit, but also help alleviate dust allergies. However, when installed over a lower floor unit, they can lead to conflict about increased noise. In the case of Ryland Mews […]
Can Reserve Funds be used for Drought-Friendly Landscape Renovations?
In the middle of a major drought, many of our California clients are asking this question as they try to be both “good citizens” and financially responsible. The answer is yes, but… Landscape renovations can be classified as a Reserve Project if they meet the National Reserve Study Standard four-part test: […]
HOAs May Not Reject Partial Payments on Assessment Liens in Order to Prosecute Foreclosure
The recent case of “Huntington v. Miller” confirmed again that a HOAs must accept partial payments and are limited in their ability to foreclose on an assessment lien when such lien is for less than $1,800.00. Read the article………
Desert slowly ditches grass, goes brown on landscaping (CA)
With a population of about 6,000 people, Sun City Shadow Hills is larger than many small towns. Its 55-and-over residents flit from single-family homes to golf courses to pickleball and tennis courts, some driving golf carts alongside cars on the gated community’s rolling streets. Dogs abound. Joggers wave to one another in morning sunlight. Much […]
How an HOA Board Can Prepare to Work with a Manager for the First Time
If your HOA board has hired a manager for the first time, there are a number of things it can anticipate the management company will ask for. The Board can prepare for the manager in advance by gathering specific documents and records pertaining to your homeowners association. Read more……..
Why an HOA Board Should Use Caution When Hiring a Contractor
Finding a contractor who will perform quality work at a reasonable price can be a daunting task for any HOA board. It’s always a good idea to use contractor caution and ask for references, contact the Better Business Bureau and your state licensing bureau to see if there are complaints against a prospective contractor. In […]
A Beacon for Homeowners and HOAs. Not So Much for Design Professionals (CA)
Earlier we wrote about a case that made architects none too happy – Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, Case No. A134542 (December 13, 2012) – in which the California Court of Appeals for the First District held that architects could be sued by a homeowner’s associations (“HOA”) and, by implication, […]
Homeowner Association: $1.2 Million Fee Award Against Homeowners/Short Renting Landlords Affirmed On Appeal
This one is truly frightening and shows why fee shifting is a potential game changer in litigation. Plaintiffs were condo owners who also engaged in short term renting, deciding to challenge enforcement of certain HOA regulations imposing fees for such renting activities, Read more……….
Chimney Safety Tips for Homeowners Association Residents
There is nothing as serene as a warm, crackling fire on a cold, winter night. There is also nothing more dangerous if your chimney is damaged. When is the last time that you have checked on your chimney safety in the homeowners association? Read more………
Exclusive Use Common Area: “Maintain” vs. “Repair and Replace” (CA)
On January 1, 2017, the Davis-Stirling Common Interest Development Act maintenance presumptions change. Right now, Civil Code section 4775 states that, unless an association’s CC&Rs provide otherwise, the association is presumed responsible for repairing, replacing and maintaining the common area and each owner is presumed responsible for maintaining the owner’s exclusive use common area. Many […]
SLAPP’d in Corona (CA): Anti-SLAPP Protection not Applicable to Claims against Homebuilder Shea Homes
On March 4, 2015, the Fourth Appellate District, Division One, issued its opinion in Trilogy at Glen Ivy Maintenance Assn. v. Shea Homes (March 4, 2015 D066483). The opinion, authored by Associate Justice Alex. C. McDonald concluded that Shea Homes, a home builder, could not invoke California’s anti-SLAPP law just because the plaintiff homeowners association’s […]
Homeowner Associations: $1,180,646.50 Fee/$27,730 Costs Award Against HOA Owners And In Favor Of HOA Affirmed On Appeal
This next case is somewhat frightening for all litigants and practitioners—no matter what substantive areas you practice in. It does echo our “Mission Statement,” which we have referenced many times but will not boar our steady readers with again. Read more……..
How an HOA Board Can Prepare the Association for a Flooding Disaster
In many areas, flooding is the most common and costly natural disaster—and it can happen in your homeowners association. Just one inch of water in a home can cost thousands of dollars in cleanup and replacement costs, including drywall, baseboards, floor coverings and furniture. You may think you are covered, but many insurance policies do […]
Homeowners Association Etiquette: Fencing Tips to Avoid Disputes
Can’t we all just get along? In a perfect world, yes, but in a homeowners association or any neighborhood for that matter, people are going to do things that either drive you crazy or are just outright rude. But you don’t have to be that neighbor. Read more……..
What to Do When Your HOA Board Doesn’t Plan Well for Projects
You’ve been the treasurer of your homeowners association for 8 years, and have continually warned your fellow HOA board members that without saving for reserves they’ll be headed for real trouble – and now that day has come. Read more………
Insidious Noise Issues in Your Condo – What Can Be Done?
Noise is a difficult issue when rearing its ugly head. Here is the latest question. Read more………
Where Are Your Homeowners Association Documents & What Do They Say?
As a member of your homeowners association, when you bought a home in your community, you should have received copies of all the Association’s governing documents—including the Covenants, Conditions and Restrictions (CC&RS) and Rules & Regulations—prior to or at the closing of escrow. The CC&Rs explain what the homeowners association is responsible for and what […]
The Importance of Educating Renters in Your Homeowners Association
If you have renters in your community, they are an important part of your homeowners association, and welcoming tenants could create a more positive environment. Having HOA board members take time to meet renters at community events, meetings, and social gatherings might be something for your Board to think about. Read more……..
Hearings and Enforcement: The Other Dispute Resolution Procedure
The California Legislature turned its attention to Internal Dispute Resolution, or “IDR,” in 2014. As a result, Associations must now allow homeowners to bring an attorney, or a third party, to IDR meetings. (The changes are in Civil Code Sections 5910(f) and 5915(b)(4).) Read more……..
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
The Hidden Cost of Hardwood Floors for HOAs
Hardwood floors can increase property values in condo units by improving the aesthetic value and helping to alleviate dust allergies. This may seem like a no brainer but many homeowners are shocked to find (often after it’s too late) that this is a restricted and sometimes prohibited upgrade to their unit. Read the article………………………………..
5 Tips for Better HOA Board Meetings
HOA board members have a tremendous amount of power and with that power comes responsibility to exercise it correctly. A big part of this is how you and your fellow board members conduct yourselves when it comes to planning and conducting association meetings. Read the article………………………………….
Do You Have What it Takes to Be an HOA Board Member?
The last time that you attended the HOA board meeting for your homeowners association the current board asked you and everyone present to consider volunteering for the board. These are the thoughts that went through your mind: Read more……….
Do Your HOA Board Members Know Which Documents Are Open for Review?
As an HOA board member, you should know what homeowners association documents your members are entitled to review. Association members are welcome to read official association documents. There’s nothing secret about the business of the association. In fact, you should already have copies of key documents like the bylaws or rules readily available. […]
How to Prepare for Your Annual HOA Board Meeting
Now is a good time to set a date for your annual HOA board meeting if you haven’t already done so. Annual meetings are a common best practice to keep members informed and get them involved. You may be thinking that it’s going to be a waste of time because the majority of members don’t […]
How to Start a Neighborhood Watch in Your Homeowners Association
Does your homeowners association have a neighborhood watch in effect? A common concern in any neighborhood is safety. Association members in general tend to look out for each other and there are things you should pay attention to as an HOA board member that signal it’s time to take action Read more………
California Expands the Duty of Professional Consultants
Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic losses” if they are not in a contract with the person or entity claiming damages for the consultant’s negligence. On the other hand, consultants are often held accountable […]
2014 Community Association Financial Survey
In 1996, Berding|Weil published “Latent Liabilities” a treatise which explored the long-term impact of underfunding of the reserve accounts of community associations. Some of the data came from our clients, and some from Levy, Erlanger & Company. We predicted that most multi-family community associations were severely underfunded for long-term maintenance and repairs and we opined […]
HOA Properly Denied Fee Recovery Where Superseded Pleading Of Homeowners Based On Non-HOA CC&Rs
Patterson v. Sherwood Valley Homeowners Assn., Case No. B254446 (2d Dist., Div. 6 Jan. 6, 2014) (unpublished) demonstrates that the theory of the case may well determine whether fee entitlement for or against a party is in order. Read more……….
Refresh Your Memory of the Rules in Your Homeowners Association
Are you abiding by the rules in your homeowners association? When you move into a homeowners association you become part of a neighborhood that is governed by a board of directors who enforce the rules of the Association. When you sign the Covenants, Conditions, & Restrictions (CC&Rs) of the Association, you are entering into an […]
6 Ideas for an HOA Board to Encourage Involvement in the New Year
Since a new year is about to begin, this may be a good time for you as an HOA Board to communicate with your 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 […]
What’s the Worst That Can Happen in a Water Leak Situation in Your HOA?
Sorry to upset your holiday cheer but I had another call today from someone who was outraged that they had to relocate while work was being done on their unit – and that they could not get reimbursement from their HOA for relocation costs. Read more………
AB 2188, Changes Solar Energy System Restrictions in HOAs
Solar energy technology has advanced considerably over the years. It is arguably the cleanest renewable energy source available. Modern technology is capable of harnessing this energy for generating electricity, providing light, or heating water. As such, the technology can significantly reduce a homeowner’s energy bills. In light of the benefits of the technology, the State […]
Tips to Help HOA Board Members Manage Homeowner Forums
All meetings of the HOA board, excluding executive sessions, are open meetings. A required part of every homeowners association Board meeting is the homeowners forum (also referred to as “open forum” or “open comments to the Board”). Homeowner forums are typically held at the beginning or end of meetings, and any owner attending a meeting […]
Finish Well: What Your HOA Board Should Do Before the End of the Year
It’s important for an HOA board to work on ending the year well. It doesn’t matter if your homeowners association plans around the fiscal or calendar year, the questions below apply to both. It may already be the end of December, but it’s not too late to ask yourself some of these questions and make […]
4 Steps to Better HOA Meeting Minutes
For some, the task of recording HOA meeting minutes is second nature (most likely our studious friends). For most, this is a tedious, burdensome task. Either way, it’s a very serious and important duty. Board meeting minutes are helpful in reviewing past meetings, particularly to catch up new board members. Minutes are considered official records […]
The Value of Your Homeowners Association Attorney
There are several individuals that bring value to your association. Your volunteer board, your manager, your interested members that may serve in other capacities, and your supportive and assessment-paying membership. Vendors also can bring great value to your association in many ways. Today, we are considering the value that your association attorney brings to your […]
Establishing Guidelines for New HOA Board Members
Unfortunately the role of an HOA Board Member doesn’t exactly come with an instruction manual. Most new board members didn’t major in Home Owner’s Associations, and usually don’t receive proper training either. To top it off, the position comes with significant commitment for volunteer gig. This doesn’t set up the well intentioned but inexperienced board […]
How an HOA Board Can Make the Association a Better Place in 2015
How often do you communicate with your residents? Does your homeowners association have a website or newsletter? Let’s assume you do! (If you don’t, you should make a resolution to start one this January). As another year begins HOA board members should consider offering some thoughts about how the Association can make the community an […]
Who Is Responsible For Repairing The Condo Balcony Deck?
Fred owns a condominium that has a balcony. The deck of the balcony is a bit old and worn. It has developed cracks such that, if there is rain, the water leaks through. The deck needs to be repaired or, possibly, replaced. Who is responsible for this? Fred or the association? Read more……..
Homeowners Association Rules for a Holly Jolly Holiday Season
The holidays are just around the corner, and for many homeowners association members that means a lot of festivities with friends and loved ones. With all of the merriment that’s sure to ensue, it’s important that residents who are hosting celebrations are not only considerate of their neighbors, but also take note of the Association’s […]