Various cases from California regarding community associations Read the entire article……………………………….
Tips to Minimize HOA Board Meeting Mayhem (CA)
For many people, meetings are a fact of life. Whether it’s an HOA board or member meeting in your homeowner’s association, a volunteer meeting at your child’s school or a department meeting at work, being adept at participating effectively and managing meetings is a useful skill. Read the entire article……………………………….
How to Change HOA Governing Docs (CA)
Over the course of time, there are various factors that may elicit the need to update the governing documents of the HOA. These documents establish policies for the management and operation of the association. Taking on such a task of changing the legal terms that govern the association can feel daunting, but it doesn’t have […]
Creating Connected and Inclusive Communities
Among the many benefits it provides, an HOA management company helps the board of directors achieve two central goals. First, securing property values by ensuring the association is well-kept and making good financial decisions, and second, creating a sense of community, the latter of which contributes wholeheartedly to the first objective. Read the entire […]
How to Determine Whether Compliance Fines are Reasonable (CA)
Asked – How long should homeowners associations levy compliance fines against non-compliant Members before transferring the files to legal counsel? Read the entire article……………………………….
2022 Legislation: Insight and Legal Update (CA)
On balance, the industry fared well in this last legislative session. The prior two years in a row, we faced some of the most historically significant bills since the Davis-Stirling Act came into effect in 1986. And we’re still dealing with those bills (think SB 323, AB 670, AB 3182). That’s saying a lot considering […]
HOA Homefront: How to attain the elusive membership quorum (CA)
Some of the most important HOA decisions must be made by membership vote, but many associations cannot make those decisions because they fail to attain a quorum. “Quorum” is the minimum number of members participating (in person, by ballot cast in advance or by proxy) so that a membership vote can be taken. The failure […]
Creating Committees (CA)
Does your board table decisions because you can’t get through all of the discussion? Is there a big project that your association needs to complete, but the minutia of it is overwhelming the board? Don’t let the added work hold you back. Recruit volunteers from the membership to assist the board through the creation of […]
Use of Timers to Stay on Schedule During Board Meetings
One of the key components to running an efficient board meeting is to start on time and end on time. Easy enough, right? Well, we know that is not always the case. Read the entire article……………………………….
HOA Liability for Neighbor-to-Neighbor Disputes & Harassment (CA)
It is never pleasing to see how your neighbors have disputes with each other. This not only disturbs the comfort and peace of the community but also creates an overall tense atmosphere. The case is especially true for residents within the area of the homeowner’s association (HOA). Read the entire article……………………………….
What Does The Code Of Ethics Mean For HOA Board Members
A code of ethics usually referred to as a code of conduct, is much more than a set of rules. The code of conduct of HOA board members explains the key elements you must follow and informs you when you have crossed the line. Read the entire article……………………………….
How to Handle Potential Conflicts of Interest (CA)
Conflicts of interest present possible liabilities that homeowners associations (“HOAs”) should do their utmost to avoid. There are issues that need to be deliberated and decided upon by the Board of Directors; however, in some situations, not all Directors should take part in the decision-making Read the entire article……………………………….
Reservation of Rights Letters: What are They and What Should You Do if Your Association Receives One? (CA)
Your Association gets sued by a homeowner. You reach out to your insurance company to let them know about the lawsuit then you sit back and relax because insurance is going to cover everything, right? Do not get too comfortable! Insurance companies may not cover everything, or anything, that you believe they should. Read […]
Summary of New Legislation and Case Law (CA)
Please enjoy the following overview and thoughtfully consider whether any of these new provisions affect your association adversely. Read the entire article……………………………….
Should Short-Term Rentals Be Allowed In HOA Communities? (CA)
Short-term rentals or Airbnb’s are controversial because of their effects on communities. On the one hand, many homeowners enjoy extra income and appreciate meeting new people when they rent their homes for short periods. Read the entire article……………………………….
Your Association Received a Preliminary Lien Notice. Now What? (CA)
Under California law, most licensed contractors or suppliers that provide labor, services, equipment, or materials on projects involving the common area of a community association are entitled to record a mechanic’s lien or issue a stop payment notice if they are not paid for their work or materials. Associations involved in such projects often receive […]
New Legislative Updates for 2022 (CA)
Every year new legislation is passed that affects community association governance. The burden is on the HOA board and their management team to ensure their community association adapts the new articles into their governing documents and conducts the association’s business accordingly. Read the entire article……………………………….
6 HOA Financial Reports You Need to Know
Homeowner Associations in Santa Clarita can involve lots of reports. Here are 6 financial reports that you need to know Read the entire article……………………………….
After Reversal of Prior Judgment Finding No Easement, Defendant HOA Was Properly Awarded $731,682.08 In Section 1717 Fees And $111,540.01 In Costs (CA)
Ranch at the Falls LLC v. Indian Springs Homeowners Assn., Inc., Case No. B311278 (2d Dist., Div. 8 Feb. 10, 2022) (unpublished) demonstrates how a change of fortune through a reversed judgment and application of judicial estoppel can certainly alter the results in a case. Read the entire article……………………………….
Financial Tips For HOA Managers: Budget Friendly
HOA managers are professional individuals who run a community’s day-to-day activities on behalf of the board members. Depending on the agreement, they collect HOA dues, maintain common areas, and enforce the rules and regulations of the community. Read the entire article……………………………….
Insurer wins ruling in rescission of homeowners association’s policy
A federal appeals court Monday ruled in favor of an insurer that sought to rescind its policy for a homeowner’s association, holding the association had failed to disclose a situation likely to give rise to a claim in its coverage application. Read the entire article……………………………….
2021 Year-End Review of California Legislation and Cases Which Affect Community and Homeowners’ Associations (CA)
Some relevant laws did not reach the Governor’s desk for his review or approval after being introduced and discussed in committee(s). Some of those bills are referenced below to apprise you of what was in the legislative pipeline, as they could resurface in one form or another in the future. Read the entire article……………………………….
Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case (CA)
In Almada v. Krieger, No. 21-55275 (9th Cir. Jan. 24, 2022), the Ninth Circuit partially reversed a decision by the U.S. District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. In doing so, it held that a collection […]
Association Management and the Attorney Client Privilege (CA)
Attorneys who practice community association law are often asked whether a community manager is covered by the attorney-client privilege. In general, the attorney-client privilege shields communications intended to be confidential between an association and its attorney. Materials prepared by an attorney and that reflect the attorney’s thoughts, conclusions or opinions (attorney work product) may also […]
Whose Yard is it Anyway? (CA)
For individuals residing in common interest developments, the constitutional right to free speech is not applicable. While many believe that they have a right to freely express themselves by posting signs, banners, flags, and religious symbols on their own properties, they may be surprised to learn that their homeowners and condominium associations are not bound […]
California Senate Bill 391
In March 2020, as a result of the COVID-19 pandemic, association Boards began transitioning from in person Board Meetings to completely virtual meetings via Zoom or a similar videoconference platform. Nineteen months later, most association Boards and residents have grown to appreciate the convenient virtual Board Meeting platform, leaving many asking – Can we meet […]
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation (CA)
A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution, property damage, breach of contract, and prior acts exclusions were not implicated. The Crosby Estate at Rancho Santa Fe Master […]
Suspended Status with Secretary of State
All businesses, including common interest developments must register via the Secretary of State (SOS), file tax returns and pay their taxes, and submit a Statement of Information every two years. Failure to properly comply with these requirements will result in a “suspended status” with the State. Read the entire article……………………………….
Did You Know? SB 432 Corrects Problems with Recall Elections Created by SB 323 (CA)
When SB 323 took effect on January 1, 2020, it greatly modified the Davis-Stirling Common Interest Development Act’s election procedures, including timelines for conducting an election. In the process, it inadvertently created a conflict in the law regarding recall elections that community associations have been struggling with ever since. Read the entire article……………………………….
The Recall Of Directors (CA)
A number of years ago, I published an article on recalling the Board. Although the procedures are still a creature of statute, changes in the Davis-Stirling Act with respect to elections have had some impact on the recall procedure, particularly when one keeps in mind that the typical recall meeting actually involves two matters: the […]
Is Your HOA Prepared for a Disaster?
Unless the governing documents say otherwise, nothing formally requires a homeowners association to formally draft a plan for a possible catastrophic event. That said, association boards and managers really should “expect the unexpected” when it comes to unexpected adverse events like fires, earthquakes, and flooding. Whether it’s the worst natural disaster since the BP oil […]
Norman v. Rancho Del Lago (CA)
An owner alleged violations of the Federal Fair Housing Act, claiming the association discriminated when it did not allow the owner to install a second driveway to accommodate the owner’s unstable gait. However, the owner’s medical expert opined that a walkway half the size of the driveway, which the association would have allowed, would have […]
Dickson v. Century Park E. Homeowner’s Ass’n (CA)
An owner sued an association alleging violation of the Rosenthal Act. The court determined that an association is not a debt collector under the Rosenthal Act because it does not collect “consumer debt,” as that term is defined by the Rosenthal Act; assessments are not “consumer credit transactions.” Read the entire article……………………………….
How to Avoid Conflict with Owners Over Architectural Guidelines
I HEARD THE news story from the OC Register a few months ago: a Tustin woman is embroiled in a battle with her homeowners association over garage doors she installed without seeking architectural approval. Her defense? According to the homeowner, she’s made other alterations to the exterior of her home over the years without hearing […]
AirbnBe Careful What You Ban: The Coastal Commission’s Broad Authority Over Short-Term Rentals in California (CA)
Short-term rentals have been, and continue to be, a polarizing topic among residents of many California neighborhoods. This is particularly true in the beach and vacation communities along the California coast. The proliferation of short-term rentals in these areas has led to short-term rental bans regularly springing up to curb the side effects of what […]
What is the Proper Procedure to Adjourn the Annual Meeting?
Asked – We recently concluded our Annual Meeting of the Membership. As always, we failed to achieve quorum. Rather than successively adjourn and reconvene the meeting, the Board concluded the meeting. Now we have several owners complaining, saying that the proper procedure was not followed when the Board concluded the meeting. What is the proper […]
What’s in Your Community’s Architectural Guidelines? (CA)
MANY ASSOCIATIONS ADOPT architectural guidelines when the community is formed and don’t look back. Some boards keep the guidelines forever stuck in time. Even though the community evolves and changes and becomes its own unique place, the guidelines are often forgotten, ignored, or things are done the way they always have been done. But architectural […]
State Water Board adopts emergency water use regulations to boost drought resilience (CA)
The prohibitions will remain in place for one year unless extended, modified or removed. They help ensure that Homeowners’ Associations, cities and counties don’t unlawfully restrain homeowners from taking water conservation actions. Even without the emergency regulation, it is illegal for HOAs to prevent water conservation during a drought emergency, but the regulation allows for […]
Govt. Code §12956.3. County Recorder Restrictive Covenant Program (CA)
Govt. Code §12956.3. County Recorder Restrictive Covenant Program. New statutes and amendments effective January 1, 2022 Read the entire article……………………………….
Health & Saf. Code §122319.5. Emotional Support Animal/Dog & Service Dog Definitions (CA)
Health & Saf. Code §122319.5. Emotional Support Animal/Dog & Service Dog Definitions. New statutes and amendments effective January 1, 2022 Read the entire article……………………………….
Health & Saf. Code §122318. Health Care Practitioner Criteria for Emotional Support Dog Documentation (CA)
Health & Saf. Code §122318. Health Care Practitioner Criteria for Emotional Support Dog Documentation. New statutes and amendments effective January 1, 2022 Read the entire article……………………………….
Can the Board Reconsider an Approved Motion?
Asked – Can the Board reconsider a motion that was previously passed by a majority vote? One of the directors that voted in opposition to the motion would like the Board to reconsider. Read the entire article……………………………….
Prepping for 2022: Helpful Community Association Planning Tips
Doesn’t it always seem like time speeds up near the end of the year? Between wrapping up final projects and preparing for the holidays, a new year is upon us quicker than you can say auld lang syne. Read the entire article……………………………….
Election By Acclamation Is Now Allowed For Uncontested Elections (AB 502) (CA)
As of January 1, 2022, all associations, regardless of their size, can now forego sending out ballots in an election for the board of directors if the election is uncontested, i.e., the number of nominees does not exceed the number of open seats on the board. This process is referred to as “election by acclamation.” […]
HOA Homefront: In an increasingly hostile world, will we ever return to normal?
While the world still struggles with the pandemic, we yearn for a return to normalcy. In many places, this has already occurred, while in other places it is still underway. Read the entire article……………………………….
Can Private Parties Restrict Parking on Public Streets? (CA)
Asked – Can Homeowners Associations Restrict Parking on Public Streets? Answered – Possibly. The restrictions set forth in the CC&Rs are known as equitable servitudes that “run with the land.” Read the entire article……………………………….
2022 Common Interest Development & Community Association Legislative Update (CA)
Yet again, the legislature has enacted a slew of new laws and statutory amendments affecting the operation of common interest development homeowner associations in our state. Implementation of these changes may warrant a revision to an association’s governing documents (including election rules) and most of the changes become effective on January 1, 2022. Our summary […]
New laws California HOAs should know about for 2022 and beyond
The 2021 Legislative season in California has ended, and there are some new and exciting HOAs bills that have or will come into affect soon. Owners will probably be happy with most of these new laws. If you have specific questions about how any of these changes will impact your community, please reach out to […]
The Basics of HOA Management: Why You Need To Hire An Accountant
Balancing your checkbook is very different than managing a Homeowners Associations (HOA) financial records. If you are responsible for the bookkeeping, you should probably hire an accountant if you don’t have the knowledge or experience needed to maintain the books according to the current laws. Read the entire article……………………………….
Does Our Association Have View Rights? (CA)
Asked – Our HOA has been receiving architectural applications from Owners who are requesting to install tall trees or increase the height of their property walls for additional privacy. However, several neighbors have expressed their stark opposition to any modifications that would impact the views from their property. Read the entire article……………………………….