In the past five years, California’s wildfires have burned more than 30,000 structures, prompting debate over whether the state and local governments should allow development to continue in higher-risk parts of the state. Read the article………………………..
Financial Success Starts With Responsible Budgeting (CA)
One of the primary responsibilities of every homeowner’s association (HOA) is to manage the finances responsibly and efficiently; this is not limited to collecting dues and fees from residents and then using that money to improve the community. What should be included in managing the finances but is often not because it can be less […]
HOA Roof Replacement Guidelines To Follow
Living in a homeowners association comes with plenty of advantages, such as improved curb appeal and increased property values. But, it also means having to adhere to the community’s rules and seek approval for architectural changes. This includes an HOA roof replacement. Read the article…………………………
“Evergreen” Clauses – Avoiding Self-Renewing Contracts
Asked – Our Board of Directors has been seeking to switch out a vendor for some time, but we have been waiting for the current contract to expire. It has become known that the current vendor contract automatically “renewed” for another 5-year period because we did not provide notice of our intent to terminate at […]
So What Are The Common Defects in California Related To Construction?
As a homeowner or business owner, you work very hard to reach that milestone of owning your property especially when your property is built from scratch. When you notice a structural defect, or something that was done after the project was completed, you want to hold the responsible party accountable. Read the article………………………….
HOA Homefront — Does your HOA have all five of the required rule sets? (CA)
Operating rules are often called “house rules” or “rules and regulations” by associations in California. Rules are modified by HOA Boards under Civil Code Section 4340, and under Civil Code Section 4350(a) must be written. In adopting rule changes, boards must follow the procedure prescribed by Civil Code Section 436 Read the article………………………………
Commercial Pool Checklist for HOAs (CA)
A community pool offers a welcome relief from the heat of the summer. However, for those who operate them, they also impose a number of obligations. New regulations set-up by the California Department of Health makes it necessary to ensure these pools are properly maintained to protect the health of those who use it. Read […]
Can an HOA Prevent You from Renting Your Home Out?
A hot topic in homeowners associations is renting out your home in the neighborhood. The primary concern for homeowners is that too many rentals will lower the quality of the HOA community, causing broken rules, problems in the neighborhood, and safety issues. While some HOAs may restrict rentals completely, others set a rental cap. Most […]
New rules about rental restrictions in California
Time is almost up for California condos and HOAs that still have dated rental restrictions in place. The California Legislature has enacted several pieces of legislation that now prevent an association’s governing documents from enforcing unreasonable rental rules on owners. Read the entire article……………………………….
Pools, A Deeper Dive
Recently, I had the opportunity to discuss pool maintenance, reserves, new products, rules and common legal questions with General Manager John Walters of the Palm Valley Country Club and Alan Smith of Alan Smith Pools. CAI asked me to summarize our conversation for its membership. Read the entire article……………………………….
EEEAdvisor Preps Residents for the SB721 and SB326 Compliance Deadline (CA)
December 31, 2024 is the deadline for compliance with both SB721 and SB326 for multifamily houses, condominiums and buildings with more than 3 dwelling units. Residential property owners and HOAs across California have other seemingly more important things to consider. Consequently, EEEAdvisor aims to help property managers and owners to prepare and beat the deadline […]
How To Create An HOA Violation Letter
Whether you’re a resident of a small condominium or apartment complex, you must comply with all the rules put in place by the homeowner’s association (HOA). Also, all the HOA board members should be aware of the regulations and how to use them correctly. The primary goal is to maintain the general upkeep and image […]
New rules about rental restrictions in California
Time is almost up for California condos and HOAs that still have dated rental restrictions in place. The California Legislature has enacted several pieces of legislation that now prevent an association’s governing documents from enforcing unreasonable rental rules on owners. Read the entire article……………………………….
Tips from an HOA Board: Are You Unknowingly a Noisy Neighbor?
Does your HOA board deal with noise disturbance complaints from members? Noise is an inevitable reality in a condominium homeowners association. Condominium dwellers live in such close proximity, it’s essential that all residents consider the effect that noise will have on their neighbors – especially when it comes to long-term considerations, such as deciding on […]
Extreme drought: California communities facing new water restrictions
Drought has come roaring back in the West, bringing with it new water restrictions that are set to impact communities across the region in the coming months. In California, starting June 1, residents are required to limit their outdoor watering to one day a week, facing $2,000 fines per acrefoot of water supplied to the […]
Homeowner Associations: $456,330 Fee Award Against Homeowner, Split Between Two HOA Attorneys, Was Affirmed On Appeal (CA)
If you visit our “Homeowner Associations” category, you can see a vast array of awards both in favor of homeowners and in favor of homeowner associations (HOAs). We will just say this, the trial court decisions on who gets fees are affirmed on appeal in a majority of situations, Read the entire article……………………………….
Solar Energy Systems: Regulating Owners’ Installation on Shared Multi-family Common Area Roofs (CA)
Since January 1, 2018, California common interest developments have been required to allow members to install solar energy systems on shared multifamily common area roofs of buildings within which their units are located and on roofs of adjacent carports or garages. (See Civ. Code §§ 714.1, 4600 and 4746). While we do not have an […]
Combatting Unlawful Harassment with Restraining Orders (CA)
Board Members are tasked with the difficult job of enforcing the Association’s rules and regulations against non-compliant Members. Unfortunately, this often creates tension between Board Members and Members. In some circumstances, this tension turns into unlawful harassment. When this occurs, Board Members should consider the available legal remedies provided under both California law and their […]
Can an HOA Have Different Rules for Different Members? (CA)
An HOA board may get pushback from members in the association when it comes to rule violations. Members will get a violation letter and they’ll respond back with, “How come I’m getting a violation letter when my neighbor is doing the exact same thing? You’re not treating everyone the same?” Read the entire article……………………………….
Key Tips for Levying Special Assessments (CA)
There are times when levying a special assessment is necessary or prudent to obtain needed funds. However, if not well planned and properly implemented, a special assessment can turn into a nightmare for the Board, and for you. Here are some key tips to help avoid such a nightmare. Read the entire article……………………………….
Combatting Unlawful Harassment with Restraining Orders (CA)
Board Members are tasked with the difficult job of enforcing the Association’s rules and regulations against non-compliant Members. Unfortunately, this often creates tension between Board Members and Members. In some circumstances, this tension turns into unlawful harassment. Read the entire article……………………………….
What you need to know before hiring a property management company
The good news is that selecting the right property management company will make your job as an HOA Board Member a lot easier. On the other hand, there are a lot of property management companies to choose from, so finding the ideal fit for your community association will take some time. Read the entire article……………………………….
Money Laundering – What to Watch For
In 2020 the Foundation for Community Association Research discovered that community associations in the U.S. handle $96 billion dollars in assessments, and California communities alone manage more than $12 billion in association housing services (operations, physical asset management, reserves, capital improvements, conservation & environment). With so much money at play, associations need to be aware […]
Can a Homeowners Association Keep You From Flying the American Flag?
On Memorial Day, Independence Day, Veteran’s Day and other patriotic holidays, many Americans show respect for their country by raising the star spangled banner or displaying it in some way on their home or in their yard. But can your homeowners association keep you from showing your patriotism and restrict you from displaying the American […]
New Changes to the Civil Code Allows for Member Meetings to be Held Over Zoom, but Only During Limited Circumstances (CA)
As the COVID-19 Pandemic subsides, it is becoming increasingly clear that for better or worse the world will never be the same. One of the many things that changed during this trying time was the manner in which people communicated. Concerns that congregations of people would further spread the virus led to an increase in […]
More Water Restrictions Incoming (CA)
The Metropolitan Water District of Southern California (“Water District”) has implemented restrictions limiting outdoor watering effective June 1, 2022, in response to the current drought emergency, following direction from Governor Newsom to increase conservation efforts. The restrictions limit outdoor watering to one day per week for approximately six million people throughout Ventura, Los Angeles, and […]
Is Your HOA Reserve Underfunded? What To Do Now To Fix It
An HOA’s reserve is an integral part of its financial stability because this fund helps pay for significant repairs and replacements that come up over time. Unfortunately, many HOAs have underfunded reserves, which can cause some big problems down the road. When this happens, knowing what steps an HOA can take to rectify the situation […]
Overview of New Legislation (CA)
There were many changes for California HOAs that went into effect at the beginning of this year (2022). The following provides an overview of those changes with some detailed discussion of each Senate Bill (SB) and Assembly Bill (AB) below the overview. Read the entire article……………………………….
What is a Member at Large on an HOA Board? (CA)
Sometimes it’s confusing for volunteers to know and understand their place on the HOA board. Each board member must hold an officer position, but if you have a Board of Directors comprised of more than five individuals, you may have a position called “member at large.” The duties and position of the member at large […]
What the Cluck? Addressing Backyard Chickens in HOA’s (CA)
It is becoming increasingly popular to raise chickens in suburban and even in urban areas. Chickens offer a continuous source of fresh eggs and arguably help with pest control. Conversely, chickens can be loud, messy, attract coyotes, and arguably are best suited for rural, country life. Read the entire article……………………………….
Avoid the Collapse of Deferred Maintenance (CA)
By now, most have seen the awful images of the collapsed Champlain Towers which resulted in nearly 100 deaths, countless injuries, property damage and unanswered questions about how this could have happened. While not every case of deferred maintenance has such catastrophic results, the Bay Area is not without its own examples. Read the entire […]
Rising Costs of Materials Could Lead to More Construction Defects
We wanted to share news greatly affecting new construction: rising costs of materials. The housing market across the country is crazy right now. It is a strong sellers’ market and buyers are having an extremely difficult time getting offers accepted. Read the entire article……………………………….
What is the Purpose of the HOA Bylaws?
When you become a member of a homeowners association, you receive a copy of the governing documents. By living in the HOA, you also agree to abide by them, so it’s important to read them and understand what they say. However, these documents often use a lot of jargon and can be difficult to understand. […]
Giving Up Your Rights to Live in a Planned Community? Yes, It Started in Orange County (CA)
Before the 1960s, if a developer built a community amenity such as a swimming pool, golf course or park, they usually turned it over to a municipal government to administer. In the early 1960s, when Black and Latinx people gained access to public swimming pools and public parks through the Civil Rights movement, developers designed […]
Caution! Flooring Penetrations May Result in Structural Issue (CA)
Many of our multi-story condominium communities are wood framed with wood flooring. Most high-rise communities are concrete structures with concrete flooring. Whether wood or concrete, flooring is an integral part of the structural integrity of the building. Read the entire article……………………………….
Acclamation Decisions Have to be Made Early (CA)
When Civil Code section 5103 became effective on January 1, 2022, many community association managers and board members celebrated the new authority for boards to approve nominees by acclamation when there are not enough candidates to hold a contested election. However, there are limitations on a board’s ability to approve nominees by acclamation and a […]
AB 1101 – Financial Protection for HOAs: NEXT Gen (CA)
In 2020, a bill helping to define what financial protections for associations look like came into being (AB 2912). As with every good intention, some difficulties in execution arose. You’re required to deposit funds into a bank, savings association, or credit union as long as the funds are covered by insurance provided by the federal […]
Additional Dwelling Units: How to Interpret the Relevant Statutes and Best Implement Them (CA)
To combat the housing crisis, the California legislature passed a series of statutes that make it easier for property owners to construct Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JDUs” or “JADUs”) on their property. These changes in statutes and the increased use of ADUs and JDUs, necessitate that associations quickly adapt to […]
2022 Davis-Stirling Act (CA)
Roseman Law, APC has formatted the 2022 Davis-Stirling Common Interest Development Act into an easily searchable, fully bookmarked PDF for your reference. You can view the Davis-Stirling Act Read the entire article……………………………….
Can An HOA Change Its Assessment Allocation? (CA)
Buying a home within a homeowners association community comes with several responsibilities, including paying HOA dues and assessment fees as stipulated by the HOA governing documents. These payments are mandatory and backed by the laws of the association involved. Many people often wonder if an HOA board has the power to change the assessment allocations. […]
6 Questions to Ask About How the HOA Board Manages Its Finances (CA)
The Board of Directors for your homeowners association has an immense financial obligation to the community. One of the HOA board’s most important jobs is to keep legible and accurate financial reports and records. These reports and records provide an overview of your community’s revenue and expenses against its financial projections or budget. Read the […]
How To Create A Budget In Mixed-Use Associations
It is no secret that saving money is important, especially when it comes to managing properties and communities funds. Running an association can be a challenge, and the only way to successfully run an HOA is to create a proper budget. Read the entire article……………………………….
The Impact of a Homeowner Filing Bankruptcy and Receiving a Discharge on Assessment Collection (CA)
Asked – Our HOA Board of Directors has been advised that a homeowner who is delinquent in their payment of assessments has filed bankruptcy. If the homeowner obtains a bankruptcy discharge does the HOA have to write off the delinquent account as a bad debt? Read the Q&A……………………………….
Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with Law (CA)
Bad News: If your association’s documents currently contain a minimum rental term of greater than 30 days or a rental cap of less than 25%, they now violate California law. Good news: The Legislature extended the time for unilateral Board amendment to remedy non-compliant rental restrictions until July 1, 2022. Read the entire article……………………………….
How Can the Board of Directors of an HOA Be Held Liable?
An HOA board of directors has a fiduciary responsibility to the association. They’re tasked with upholding the governing documents and the rules of the association. There’s also the business judgment rule that says if the board receives expert advice on a topic, and they follow that expert advice, it provides them with a level of […]
Civil Code § 5551 and Complying with Safety Inspection Requirements of Balconies (CA)
On August 30, 2019, Governor Gavin Newsom signed Senate Bill 326 into law. This law, which went into effect on January 2020, added §5551 to California’s Civil Code. The added section imposes inspection requirements for “exterior elevated elements” which a common interest development’s association has maintenance or repair responsibilities. This requirement does not apply to […]
Why You Need A Reserve Study
If you are an HOA Board Member, you have a tough job. Your responsibility is to manage the community while also watching out for the bottom line. It can be challenging to balance these two goals, so having a reserve study will help. Read the entire article……………………………….
Bah Humbug! What to Do if an HOA Board Member is a Scrooge (CA)
There seems to be one in every homeowners association. That one HOA board member that consistently disagrees, goes against the majority, or at the very least enjoys playing devil’s advocate. Do you have a Scrooge – a mean spirited, miserly person – on your Board? There are ways you can deal with them. Read the […]
Can the HOA Board Issue Parking Tickets? (CA)
Parking in a homeowner’s association is always a hot topic. From where it’s ok to park and not to park to enforcing parking rules and even issuing parking tickets, homeowners tend to be very territorial about their parking spaces – and adamant on making sure others living or visiting in the HOA don’t get away […]