As the world continues to evolve, so do HOA Property Management trends. In recent years, we have seen a rise in technology and data-driven solutions for HOA Property Managers. These trends will continue in 2023. Read the article………………………..
Orangecrest Country Cmty. Ass’n v. Burns (CA)
Homeowner Burns submitted an architectural request for various improvements to her property, one of which was the construction of six-foot high stucco walls in her front yard. The association’s architectural guidelines restrict owners from constructing walls or fences in their front yards. The association sent Burns a letter approving her proposed improvements with the following […]
What Makes A Good HOA Board Member?
Homeowners Associations (HOAs) are a great way to bring together community members and ensure that the community thrives. As with any organization, the HOA board is responsible for making decisions to help the association succeed. The best way to do this is to have a team of competent, engaged, and passionate board members. Read the article………………………..
Artus v. Gramercy Towers Condominium Assn. (CA)
Homeowner Dr. Artus and the association were warring parties. This was the fourth lawsuit between them, this one regarding the association’s election rules and sale/leasing guidelines. Artus alleged five causes of action in her complaint against the association. Multiple claims were disposed of in different ways, including that the association fixed issues raised by Artus […]
The Benefits of Board Education (CA)
In the State of California, most HOA’s are non-profit corporations managed by a board of directors composed of volunteer homeowners elected by the membership. Boards derive their authority from the governing documents including the Articles of Incorporation, Bylaws, and Covenants, Conditions, and Restrictions (CC&Rs) that impose rules and restrictions on the use of property within […]
How are HOA Rules Enforced? (CA)
Living in any community means there are rules to follow. The police enforce the law by writing tickets, issuing warrants, or making arrests. Schools enforce policies for students by taking away recess, sending them to speak with the principal, or giving extra tasks to do. There are also rules when you live in a homeowners […]
Investigating Suspicious Financial Activity in Your HOA
Today, a homeowner’s association’s (HOA) board of directors depends on technology to store contracts, banking information, and other confidential documents. Unfortunately, while digitization increases efficiency, it also intensifies the potential for fraud and theft of community funds. Even with checks and balances, like collective oversight of a community’s financials from board members and community managers, […]
But We Can’t Afford It! (CA)
omeownership entails dealing with occasional unanticipated expenses. Recently, I didn’t plan on a main water line breaking, but it happened. Days (and much money later), the problem was resolved. I didn’t want the expense, but it happened. I couldn’t say to the water company or my neighbors, “I’m sorry, I can’t stop this flooding right […]
How To Be A Good HOA President
Many people underestimate the HOA President’s responsibility and what they must do to keep the community running smoothly. Although this task can seem daunting at times, it can also be very rewarding. A board of directors governs homeowners associations. Each board member has a distinct title and set of responsibilities. The HOA president stands at […]
BIAS in Our Communities: Strategies for Recognizing, Managing, and Eliminating Bias in HOAs
Bias is a buzzword we hear often in today’s world, but for many it is difficult to understand or accept. Many approach the topic as though the goal is to “empty our minds” of bias (as if that were possible). However, the less we focus on and are aware of bias, the harder it is […]
Formation and Use of Executive Committees
A committee is a group of persons appointed by an association’s board of directors to perform a specific task or tasks. The scope of authority of a committee is largely dependent on its composition. A committee composed solely or partially of persons other than board members is generally tasked with advising the board on specific […]
How to Navigate the Developer Transition Process as an HOA (CA)
In the life of a homeowners association, there comes a stage when it transfers from the developer’s hands to the owners’. When both developers and owners make the necessary preparations, the shift from developer to board goes smoothly. Read the article………………………..
2022 Year-End Review of California Legislation and Cases which affect Community and Homeowners’ Associations
2022 Year-End Review of California Legislation and Cases which affect Community and Homeowners’ Associations Read the article………………………..
Evidence of Violations is Necessary (CA)
There will come a time when a homeowner violates an association’s governing documents (i.e., CC&Rs, Rules & Regulations, Architectural Guidelines…etc). If there is a possibility those violations will be litigated, the association must have a proper trail of evidence to bolster their claims. Read the article………………………..
What Does It Take To Recall A Board Member of an HOA or Condo? (CA)
Is a board member acting irrationally, causing losses, harassing employees, contractors or members? Are any board members spending association funds without authorization? Read the article………………………..
Electric Vehicle Charging Stations in Condos and HOAs (CA)
Charging a plug-in hybrid or pure electric vehicle (EV) is best done at the location where the vehicle is regularly parked. For the owner of a residential unit in a multi-story condominium building, this would be at the unit’s designated parking space. However, often the designated parking space is some distance from the unit. In […]
California Common Interest Developments 2023 Legislative Update
Update on laws taking effect in 2023 in California Read the article………………………..
How To Survive An HOA Audit (CA)
HOA audits can be a stressful experience, but they don’t have to be. Follow the tips and tricks in this blog post to ensure your HOA audit goes as smoothly as possible. One of the most important things you can do to prepare for an HOA audit is to keep good records, including everything from […]
Can an HOA Board Levy Fines Against Its Homeowners? (CA)
People seem to have a love-hate relationship with homeowners associations. More often than not, the people that love them respect and feel protected by rules, and the people that hate them don’t like the rules – these are also the people who are usually violating the rules. Read the article………………………..
As Winter Is Upon Us, Getting Your Property Ready In Preventing Issues Is Essential (CA)
Although Southern California doesn’t get as cold as our northern neighbors, there are still important steps that can be taken to maintain and improve the quality of life in your home. Winterization and maintenance can help keep your equipment working properly and prevent costly repairs. Read the article………………………..
What Is An Alternative Dispute Resolution? (CA)
An alternative dispute resolution is a way for homeowners association members to resolve conflicts without going through the traditional legal system. This can include mediation, arbitration, or collaborative law, often resulting in a quicker and less costly resolution for all parties involved. Read the article………………………..
Fidelity: How Much is Enough? (CA)
We promised to take deeper dives into insurance policies required for common interest developments, this year, and one we haven’t talked about yet is fidelity. Also referred to as “crime” or “employee dishonesty” insurance, this type of policy protects the monetary assets of the association and is required by most governing documents as well as […]
What Happens When a Delinquent Homeowner Dies? (CA)
When a delinquent homeowner dies, there is a strict one-year statute of limitations to sue them or to continue a lawsuit against their estate. (Cal. Code Civ. Proc. § 366.2). This is true even if the statute of limitations would have been longer had the person survived. This harsh rule applies even if you did […]
How To Increase The Attendance At Your Annual HOA Meetings
As a board member of your Homeowners Association, you might be wondering how to increase attendance at your annual meeting. After all, having high attendance is important for HOAs. Read the article………………………..
HOA Emergency Plan: The Importance of Being Ready
No one ever wants to think about emergencies, but the unfortunate truth is that they can and do happen. Living in an(HOA) community has many benefits, such as maintaining property values and having a say in how your neighborhood is run. Read the article………………………..
Refresher on the Architectural Approval Process (CA)
Most CC&Rs require owners of the separate interests to obtain association approval prior to making structural alterations or alterations to the exterior of their separate interests or common area. Read the article………………………..
Directors & Officers Liability: Defense Costs
Let’s continue our deeper dive into some more complicated aspects of insurance policies with the Directors & Officers Liability (D&O) policy. For a community association, this is the professional liability policy for the board of directors and helps to protect the association and the board members from liability incurred as a result of the decisions […]
Addressing Requests for Installation of Solar Panels on Shared Common Area Roofs (CA)
The rising cost of electricity, environmental considerations, clean energy and tax savings, utility company programs designed to help alleviate the demand on the grid, and the proliferation of affordable residential solar energy systems have made solar power more popular than ever. Read the article………………………..
Unpublished California Appellate Decision (Fourth District, Third Division)
Plaintiffs Michael Mojtahedi and Mojdeh Mojtahedi along with defendant Greg Carpenter are homeowners in Laguna Sands, a condominium complex in Laguna Beach, California. Plaintiff Mojdeh Mojtahedi and defendant concurrently served on the homeowners association’s board of directors. Plaintiffs sued defendant, the homeowners association, and other individual board members for breach of written contract, enforcement of […]
5 Simple Steps on How to Enforce HOA Rules and Regulations
HOA rules and regulation enforcement can be controversial; however, doing it right can positively impact your community. Read the article………………………..
Parking and Requests for Accommodation (CA)
Parking accommodation requests bring about a particular set of issues and questions. What requests are reasonable? If the board deems a request reasonable, who pays for the modification? What if parking spots are so limited in the community that accommodating the request seems impossible? What to do? Read the article………………………..
CORONADO CAYS HOMEOWNERS ASSOCIATION, Plaintiff and Respondent, v. CITY OF CORONADO, Defendant and Appellant. (CA)
City of Coronado (the City) appeals a judgment in which the court determined the City, rather than Coronado Cays Homeowners Association (the Association),[1] is responsible for maintaining a berm that laterally supports bulkheads located on property within the Coronado Cays subdivision. The bulkheads are adjacent to and act as a retaining wall for a waterway […]
HOA Front Yards and Vegetable Gardens (CA)
QUESTION: Vegetable gardening has become very popular, and some association members submitted landscape plans with large, galvanized metal planting troughs (think horse watering troughs) for their front yards. What limitations, if any, can we impose on front yard plantings? We would like to avoid large troughs, tall tomato trellises, corn stalks, etc. Read the Q&A……………………………….
7 Takeaways from a Story of a Homeowner Refusing to Remove a Flagpole
One of the hottest topics when it comes to HOA rules has to do with displaying the American flag. Typically, the issue isn’t whether the flag can be displayed – your right to display the American flag is protected by Federal law – but rather how the flag is being displayed. And it’s this issue […]
Beyond the Water: Effectively Managing Lake and Pond Shorelines (CA)
Imagine taking an evening walk as the sun sets across the beautiful lake or pond in your community. The sky is pink and orange, crickets are chirping, and a warm breeze blows across the water. Now, imagine looking down at the steep shoreline in front of you, finding that it’s bare, crumbling, and so unstable […]
Water Conservation Requirement (CA)
With the state of California having issued a mandatory water reduction of 25 percent, many HOAs are wondering how to keep yards looking great. After all, no water typically means dead, brown grass. The good news is that there are a few ways to make a drought resistant landscape to keep everyone happy. Read the […]
Using Drones for Inspections (CA)
Drones, also known as unmanned aircraft systems, are nearly everywhere. Advances in technology have made drones smaller, cheaper, and easier to use, and therefore more accessible to average users. As drones become more accessible, community associations may wonder whether drones may be used to help conduct inspections of common area components. Read the article………………………..
7 Common Questions HOA Board Members Ask About Budgets (CA)
Many HOA board members get into trouble due to not understanding the operating fund and reserve fund in a homeowners Association. If these two funds aren’t properly maintained, a Board can unintentionally cause the Association to fail financially. Therefore, it’s crucial that Boards understand how to correctly use the operating fund and reserve fund. Read […]
Should an HOA Interfere with Parental Rights? NO! (CA)
Children are usually considered blessings and a joy to be around. Unfortunately, there is always one slightly rambunctious child who may be prone to causing trouble in Homeowners Associations (“HOAs”). What should an HOA and/or Board of Directors (“Board”) do in such scenarios? Is there anything the HOA can legally do? Read the article………………………..
STATUS: INDUSTRY EFFORTS TO FIGHT THE PROPERTY INSURANCE CRISIS (CA)
Perspective: With historic property losses to California’s homeowners came an equally historic exodus of its property insurers – leading to 5x to 10x increases in the cost of property insurance – if same could be obtained at all. Members of Community Associations Institute (“CAI”) California Legislative Action Committee (“CLAC”) have been petitioning the California Department […]
Steps to Take If You Suspect Fraudulent Activity Within the HOA Board
Groups that are run by volunteers that handle money are particularly vulnerable to fraud, embezzlement, illegal activities, and scams. HOA boards are no exception. Access to funds is a temptation that some cannot resist. Read the article………………………..
HOA DEBT COLLECTION: Is A License Required? (CA)
Great news for HOAs collecting delinquent assessments! After over a year of confusion created by Senate Bill 908, which seemed to require that HOAs be licensed to collect assessments, California’s Department of Financial Protection and Innovation (DFPI) decided that routine HOA assessment activities do not require a license. Read the article………………………..
What Goes On In An HOA Board Meeting? (CA)
New HOA boards often feel lost and confused when first taking on the job. This applies to board meetings, too. What exactly goes on in an HOA board meeting? Read the article………………………..
Crisis: CA Community Association Insurance
Anyone living in California over the last five years has seen the dramatic increase in property losses caused by wildfire. Some say that since 2017 wildfire losses have equaled a dollar figure of two Northridge Earthquakes. Carriers that used to have money in reserves to fall back on in a “bad claims” year have fewer […]
Directors & Officers (Insurance)
This month, we take a look at the Directors & Officers policy. As a liability policy, it serves to defend the board of directors should someone file a lawsuit against them. I know, the thought of someone being so offended by something a community association board says or does that they sue is ridiculous (just […]
New Unpublished Opinion – ORANGECREST COUNTRY COMMUNITY ASSOCIATION v. BURNS (CA)
Defendant Sandra Burns sought approval to build a wall across her front yard, and when her homeowners association said no, she built it anyway. After multiple attempts to get her to stop construction (and later to mediate the issue) failed, the association sued Burns, seeking a permanent injunction requiring her to remove the wall. Read […]
What Is A Fully Funded Reserve?
HOA board members are supposed to do everything they can to keep the association financially healthy. To exercise this responsibility, they need to deal with reserve funds successfully. Read the article………………………..
3 Common Lake and Pond Management Misconceptions (CA)
As An Aquatic specialist with more than a decade of experience, I’ve assisted hundreds of property managers with their lake and stormwater pond management needs over the years. Despite the diverse types of lakes and ponds they oversee, I’ve noticed that many clients have the same set of concerns or misconceptions about their waterbodies. These […]
What Gives an HOA Board Their Authority? (CA)
Homeowners associations are like little governments. They have an HOA board of directors that govern and oversee the association and that Board does have some powers. But where does the Board get these powers and authority to enforce their documents and rules? Read the article………………………..