If you’re in the process of house hunting you may have come across your dream home in a homeowners association community. But before you make a major purchase, are you informed about living in an HOA? If you aren’t familiar with how it works, there are some important questions to ask and a few actions […]
Special Assessments in a Homeowners Association: A Necessary Evil
There is no way to sugar-coat a special assessment. Receiving a notice that you owe more money to your homeowners association can not only put a damper on your day but also a dent in your wallet, both of which the board is sympathetic to. In a perfect world, there would never be a need […]
How the Budget Committee Works in a Homeowners Association
For homeowners associations with a January through December budget year, the time clock is ticking to develop a budget for the upcoming year and have the budget approved in time for the association’s year-end mailing. A budget committee can be comprised of HOA board members, members of your community association or a combination of both. […]
Flying Our Flag
Prior to the passage of Civil Code sections 4705 and 4710, a common interest development could prohibit the hoisting of a flag on a member’s separate interest or exclusive use common area. This prohibition was enforceable so long as it did not endanger public health or safety and so long as it did not violate […]
How Would Your HOA Board Respond to this Maintenance Scenario?
You live in a homeowners association and one of your favorite features in your home is the enclosed patio. It’s where you go every morning to sit and enjoy your cup of coffee before beginning the day. As you take a sip, today you notice the peeling paint, cracked concrete, and dying plants. The patio […]
6 ways to prevent Board Member Fatigue
Do you ever feel like 20% of your board members are doing 80% of the work? Unfortunately you’re not alone. An unbalanced workload can be damaging to team morale and is unsustainable in the long run. All to often overworked members find themselves burnt out and looking for the door. Luckily there are some things […]
3 Crucial Responsibilities of a New HOA Board Member
You have tossed your hat into the ring to become an HOA board Member for your Association. After all the ballots are counted, you are now a new board member. What are the responsibilities of a new board member to their community? You owe a duty of good faith and fidelity to the homeowners association.
How to Avoid Maintenance Misunderstandings in Your Homeowners Association
A hot topic among homeowners association members is knowing who is responsible for certain maintenance items in the community, the homeowner or the Association? There are often assumptions on both sides, and when an issue arises and it’s not the outcome anticipated, disputes follow. Read more……..
Tips for a Safe Halloween in Your Homeowners 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 […]
New Legislation Affecting Homeowners Associations in 2014 (CA)
The California legislative session has ended with the legislature passing, and Gov. Brown signing, a handful of bills that will affect common interest developments, or, as they are also known, community associations or homeowners associations. CAI’s California Legislative Action Committee, “CLAC,” took positions on the key bills and had some success in amending them to […]
Resident Tips for Mold Management in Your Homeowners Association
It has been a problem that man has battled since the dawn of time—controlling mold. It lurks in the corners and can cause major damage and nasty health issues. It doesn’t matter where you live – as long as moisture and oxygen are present, mold can grow indoors or outdoors on virtually any organic substance, […]
The One Thing That Can Make a Good HOA Board, Great
What makes an average HOA board better and a good HOA board great? It can be summarized in one word: education. An educated board with committed members is the makings of a successfully run homeowners association. Add to the mix an invested property manager and you have a stellar combination. Read more………..
What Does this Thing Called Fiduciary Duty Mean for HOA Board Members?
As a new or current HOA board member you may often hear terms that you’re unfamiliar with. It’s important to ask questions and stay educated when something is unclear, and nothing can be more convoluted than financial jargon. From time to time you may hear that the Board of the homeowners association operates in a […]
Why It’s Important to Read the CC&Rs in Your Homeowners Association
Do you remember receiving the covenants, conditions and restrictions (CC&Rs) when you moved into the Association? Do you know that they are very important to you as the homeowner? Have you taken a look at these documents lately? If not, now is a great time to brush up on the do’s and don’ts of your […]
How to Recruit a Homeowner to Become an HOA Board Member
Being a board member in a homeowners association is a difficult job. It takes a commitment of time and resources, but it can also be very rewarding. Sometimes you are asked to deal with tough issues that relate to your next door neighbor – maybe even your friend. It can be tough to tell the […]
The Role of the Developer in a Homeowners Association
How is a homeowners association born? Where do the board members come from if there aren’t any homeowners yet? These questions are often overlooked, but it’s important to know the answers. The Association was started by someone and understanding the history of your Association may help you and other board members govern more efficiently. […]
Actions to Take When Your HOA Board is Faced with a Lawsuit
You’re being sued, what do you do? You know that being faced with a lawsuit is a serious matter and absolutely should not be ignored. That being said, there are some important actions you need to take as an HOA board member to avoid setting the homeowners association up for failure and getting yourself in […]
Airbnb Gets Banned From Condo Complex After Guest Caused $10,000 Of Damage That Airbnb Won’t Cover
L.A. interior designer Amanda Wong is on the hook for over $10,000 damages after an Airbnb guest stuffed feminine products into her condo’s toilet and repeatedly flushed it, causing the toilet to overflow, the pipes to back up, and water to leak everywhere, she tells us. Read more……..
HOA charges to owners legal? (CA)
Although some HOAs don’t know it, the Davis-Stirling Act changed a couple of years ago and is now found in a new section of the Civil Code starting at Section 4000. Today’s column looks at billing issues encountered by HOAs. Read more……..
What to Do About Simple Neighbor Disputes in a Homeowners Association
When you move into a new home or you welcome new neighbors into the homeowners association all you can do is hope for the best. Just like you don’t get to choose your parents, you usually don’t get to choose your neighbors either. When you’re a member of the HOA board, do you get involved […]
6 Questions HOA Board Members Ask About Operating & Reserve Budgets
An area where a lot of HOA board members get into trouble relate to properly understanding the operating fund and the reserve fund in a homeowners association. If the two funds aren’t properly maintained a Board can be setting up the Association for failure and don’t even know it. It’s crucial that Boards understand how […]
Make a Good Impression: Signage in Your Homeowners Association
You’ve heard the phrase, “don’t judge a book by its cover.” But sometimes, it’s important to not underestimate the power of first impressions. Take the signage in your homeowners association for instance. Read more……..
6 ways to improve your HOA board meetings
Select a mutually convenient location. Your community club house is ideal but a nearby restaurant, school or church might work also. Keep in mind, you’ll need table space and a semi-quite environment. Keep it close to home for a better turn out. Read more………
New Hope for Homeowners in California HOAs
Homeowner’s Associations, created by deed provisions to serve homeowners in condominium developments, are often at odds with individual owners of units. Sometimes these conflicts escalate to the point where the HOA actually forecloses on a homeowner’s interest in the unit, resulting in a total loss to the homeowner. Read more…….
3 Things to Do if Crime is a Problem in Your Homeowners Association
As an HOA property manager you never want to see a rise in crime at a homeowners association you oversee, and that is exactly what I am experiencing at one of the properties I manage. It is no fault of the Association, but the fault of the individuals who make bad choices and seek a […]
3 Important Tips for an Effective HOA Board Meeting
When you hear the word “meeting” do you want to run in the other direction? We’ve all been in meetings that drag on and on, feel like a waste of time because nothing gets accomplished, or are outright exhausting because board members spend the time arguing with each other. What if you had a few […]
Questions to Ask When Interviewing HOA Management Companies
Your HOA board has decided it’s time to hire an HOA management company, and you are in charge of the interview process. You know there are probably general questions you should ask, and other things you should find out before signing any kind of contracts. But, you’re still a relatively new board member and want […]
Who Pays for Homeowner Association Documents (CA)
When a condominium is sold, who should pay the cost of providing the buyer with various HOA (Homeowner Association) documents, the buyer or the seller? Read more………
Community Associations, Like the City of Los Angeles, Face Difficult Questions: Who Pays To Fix Broken Sidewalks And Other Common Area Components?
An article in the LA Times tells us that the City of Los Angeles is facing an interesting dilemma; one that we find is often faced by California community associations. The City’s sidewalks are in terrible shape, broken up by tree roots. The question is, who should pay the cost of the repairs? According to […]
Irvine (CA) City Council Candidate Unsuccessfully Tries To “SLAPP” Defamation Suit By Former Property Management Company For Quail Hill
As reported in an August 17, 2014 article in The Orange County Register, the Quail Hill HOA is in quite a struggle with the Barracudas, one of 20 teams in the Irvine Swim League using the neighborhood swimming pool for practices and meets. Evan Chemers, a resident of Quail Hill and Irvine City Council candidate, […]
How to Respond to Common Pushbacks When Recruiting HOA Board Members
Finding and keeping good people on the board in your homeowners association is possibly one of the toughest jobs you’ll have as an HOA board member. As a current member of the board one of your responsibilities is to recruit homeowners to become part of the board, which is no easy feat. That’s why you […]
Why a Maintenance Schedule is Important in a Homeowners Association
One of the benefits of living in a homeowners association is enjoying access to common areas such as a swimming pool, clubhouse, lawn area or exercise room. When a resident sees something that needs repair they are encouraged to submit a maintenance request to inform the HOA board and manager of the issue. Read […]
What Your Homeowners Association Needs to Know About the California Drought Regulation
As you may or may not know the State of California has recently adopted an emergency regulation that took effect on August 1, 2014, and is intended to cause a reduction in urban water usage during the current drought. The operative language of the regulation is included at the end of this blog, but here’s […]
California Supreme Court provides a Beacon of hope for condominium association claims against design professionals
In an opinion filed July 3, 2014, the California Supreme Court provided some clarification to California law concerning an architect’s liability to foreseeable third-party purchasers of residential units for design errors and omissions. In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (July 3, 2014) ____Cal.4th ____; 2014 WL 2988058, Cal. July 03, […]
Tips for Buck-a-Door Support Outreach
Community Associations Institute (CAI) is a great organization, full of opportunities for education and networking. While the various courses and educational lunches are great, they generally only benefit those who actually attend the session. There is, however, one CAI activity that benefits all of the millions of people who own a home in a community […]
Water Efficient Landscape Maintenance – The Easy Way
Here in California we’re experiencing one of the worst droughts in decades. State wide, officials are calling for more stringent limitations on water usage. Water conservation is becoming necessary and even mandatory.Whether your HOA needs to save water to comply with state mandates, wants to save money or simply wants to be eco friendly – […]
Architects Beware: It is Now Settled That the Principal Architect Owes a Duty of Care to Third Party Purchasers for Negligent Design (CA)
In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, the California Supreme Court held that architects and engineers can be held liable to condominium owners for negligently prepared plans, specifications or design modifications. In doing so, the Court enlarged the scope of duty owed by design professionals to third party purchasers, holding that […]
Tips from an HOA Board: Reducing Noise Sounds Like a Good Idea
Noise is a concern for every resident and because you live in a homeowners association community, it’s important to understand that some degree of noise is to be expected. At the same time, residents need to consider the consequences of their noisy behavior. To keep everyone happy and maintain civility among neighbors, the HOA board […]
CC&Rs – What Are They and Why Should I Care?
In the past, while discussing Homeowners Associations and Reserve Studies, we’ve often mentioned CC&Rs or “Covenants, Conditions and Restrictions”. But what are they exactly? Read more…….
Architects May Be Sued Directly by Homeowners Association for Design Defects
In a unanimous decision, California’s Supreme Court has ruled that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects. The case, decided July 3, 2014, is Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP, S208173. Read more………
Beacon Residential Community Association v. Skidmore, Owing & Merrill LLP
A homeowners association on behalf of its members sued a condominium developer and various other parties over construction design defects that allegedly make the homes unsafe and uninhabitable for significant portions of the year. Two defendants were architectural firms, which allegedly designed the homes in a negligent manner but did not make the final decisions […]
Privilege Issues Are Important in Homeowner Association Construction Defect Litigation (CA)
Attorneys in Homeowners Association (“HOA”) construction defect cases must meet with the homeowners to provide litigation updates and it can sometimes be difficult to preserve the attorney-client privilege for the communications made to a diverse group of owners. Read more…….
HOAs Prohibited from Fining Homeowners for Failure to Water (CA)
As residents of homeowners associations (“HOAs”) began responding to the Governor’s plea by reducing their irrigation, HOAs fined their members for failure to maintain their yards in accordance with the governing documents. This led to swift action by both the Governor and the California Legislature. Read more……….
This Interest May Be Common, But It’s Still Privileged Re: California Evidence Rules
In an opinion issued yesterday, the California Court of Appeal ruled that litigation meetings held by a homeowner’s association counsel with individual homeowners did not result in a waiver of the attorney-client privilege. Seahaus La Jolla Owners Ass’n v. Superior Court, Cal. Ct. Appeal Case No. D064567 (March 12, 2014). Read more………
Anti-SLAPP statute does not apply to statements made to HOA during board meetings (CA)
In an April 15 opinion, the California Court of Appeal decided that a builder cannot use the anti-SLAPP statute to circumvent fraud-based claims where there were misrepresentations by the builder to the homeowners association regarding repairs for defects at the project. Read more………
Homeowner Association: $13,482.50 Fee Award To HOA Prevailing In Injunction Proceeding Affirmed On Appeal (CA)
Homeowner in Sungate Country Owners Assn. v. Stephens, Case No. E055751 (4th Dist., Div. 2 May 28, 2014) (unpublished) may have thought he was safe from fee exposure after HOA dismissed its case without prejudice after winning a preliminary injunction relating to unauthorized construction activities and after he/his mother sold the lot. Read […]
4 Mistakes Most New Board Members Make (And how to avoid them)
Everyone makes mistakes, especially when trying something new. New HOA Board Members are no different. The trick is to avoid common mistakes and learn from the unavoidable ones. Barrera and Company has been working closely with HOA Boards to prepare Reserve Studies for the past 30 years. We thought it might be helpful to put […]
Lights, Camera, Action !
Community associations across the country—and individual homeowners—are offering up locations for film shoots. Know what you’re getting into before Hollywood arrives at your front door. Read PDF article……..
Court (CA) Clarifies Transfer Disclosure Law for Mixed-Use Property
The recent appellate decision of Richman v. Hartley is critical for California real estate agents and sellers to know as it clarifies the mandatory disclosure requirements for property sales. Read more…….
Is a Homeowners Association Required to Accept Partial Payments? (CA)
In Huntington Continental v. J.M. Trust (Cal. App. Sup. Ct.; January 13, 2014)(222 Cal. App. 4th Supp. 13.) the Appellate Division of the Orange County Superior Court held that the Davis-Stirling Act compels associations to accept partial payments from homeowners to reduce the amount of the homeowner’s unpaid assessments. Read more…….