As you likely know, Assembly Bill 3182 (“AB 3182”) recently passed and will go into effect January 1, 2021. Under AB 3182, any provisions of the governing documents which “unreasonably restrict” renting will be void and unenforceable, with limited exceptions. Read the article………………………………
Board Members: Tips for Handling Delinquencies
As the fallout from the COVID-19 pandemic persists, financial uncertainty is still a reality for many homeowners. Boards are tasked with making difficult decisions when it comes to how to manage assessment delinquencies, which may be on the rise. On one hand, the HOA board has a fiduciary duty to protect the association’s assets. On […]
3 Critical HOA Rules & Regulations Homeowners Should Know
The primary responsibility of every homeowners association is to protect property values and enhance the enjoyment of the community by the membership (homeowners). This is accomplished in part by instituting agreed-upon rules to shape decision-making and behaviors, thus ensuring the community looks great and remains an enjoyable place to call home. Read the article………………………………
HOA Board Meetings On Zoom — The Mute Button // If The President Can Be Muted, You Can Mute Your Owners — If Appropriate //California Civil Code §4090(b), §4925 and §4955 (CA)
We are enduring a serious pandemic and social distancing is the norm. How can community association boards protect the health and safety of the board members, owners, management and others who attend board meetings, while also complying with the technical legalities of open board meetings? Under California’s Open Meeting Act, association owners have a right […]
HOA Homefront: Civility must start somewhere (CA)
From presidential debate stages to courtrooms to families to HOAs, civility is becoming so rare, it should be considered endangered. Differences of opinion are no longer allowed – either you agree with me or you are a demon and I will reject any dialogue with you. Read the article…………………………………
What Is a Reserve Study?
Today, there are over 351,000 homeowners’ associations in the nation. If you’re part of one, you’re probably interested in maintaining the community to the best of your abilities. One way to do so is to have reserve studies done at regular intervals. What is a reserve study? And how can it benefit your homeowners’ association? […]
AB 3182 Creates a New Law that Restricts Community Associations’ Enforcement of Some Rental Restrictions (CA)
We have bad news. Despite a lot of lobbying work, the legislature passed, and the Governor signed into law Assembly Bill 3182 (“AB 3182”), which amends Civil Code section 4740 and adds a new section 4741 to the Civil Code. Pursuant to the new section 4741, an owner of a condo, home, lot, or unit […]
Asbestos Testing Prior to Demolition and Renovation – The Impact of Rule 1403 (CA)
Asked – Our HOA Board of Directors has recently decided to undertake some deferred maintenance projects which require wall renovations, such as re-piping the condominium buildings. Must the Association have an asbestos survey conducted prior to commencing the work? Read the article……………………………..
Preparing for the Holidays: 8 Useful Tips and Tricks for Homeowners Associations (CA)
We’re getting into that time of year again: the three-month period that has us leaping from one holiday to the next. From early October through New Year’s, life is a flurry of holiday planning, seasonal products, and fun festivities. Of course, this brings a whole new set of challenges for any homeowners association. To weather […]
SB-908 Signed! Debt Collection Licensing Act (CA)
On September 25, 2020, Governor Newsom signed Senate Bill 908, the Debt Collection Licensing Act (“SB 908”), which creates a new licensing law applicable to debt collectors and debt buyers, administered by the Department of Business Oversight (“DBO”), effective January 1, 2022. Moreover, SB 908 provides for licensure regulation, oversight of debt collectors, definitions of […]
California Legislature Further Limits a HOA’s Right to Restrict Rentals
On January 1, 2012, Section 1360.2 (now Section 4740) was added to the California Civil Code to limit a HOA’s authority to adopt and enforce certain rental “prohibitions.” The legislative intent behind the law was the recognition that “the rights of Owners in [a HOA] to rent or lease their properties, as the rights existed […]
Political Signs and the Limits Imposed on a HOA’s Ability to Regulate Same (CA)
As we draw near to the 2020 election, many residents living in HOAs have decided to install yard signs and other displays for their chosen candidate or cause. Many of these “noncommercial” signs have sparked fury in those who oppose such views, calling upon the Board of Directors to have such signs removed. Thus, in […]
HOA Homefront: It’s time to discontinue the troubling, unnecessary proxy (CA)
Proxies are still used in most HOAs and continue to contribute to confusion and controversy during association elections. A proxy is a document by which one association member authorizes another member to vote for them. Unless banned by governing documents, proxies are allowed in HOAs under Corporations Code 7613 and Civil Code 5130. However, there […]
Later Finding That HOA-Homeowner Settlement Agreement Was Invalid Presented Good Cause To File Fee Motion After 60-Day Deadline (CA)
In Gallian v. Gragnano, Case No. G057198 (4th Dist., Div. 3 Sept. 15, 2020) (unpublished), HOA sued a homeowner for architectural violations under the CC&Rs, which prompted homeowner to crossclaim against the board members for indemnification, fault apportionment, and declaratory relief. The board members were dismissed with prejudice, with HOA and homeowner reaching what they […]
A Guide to Effective Community Safety Protocols (CA)
How important in community safety to your homeowner’s association? Do you want to make sure that your community has a safe environment for all homeowners? The best part about keeping your community updated about the latest events and issues is fostering a sense of community. Read the article………………………………
CACM Fall Law Journal (CA)
The Fall 2020 #CACM Law Journal has launched! This “must-read” is the ONLY California-specific quarterly publication providing updates on laws affecting the community management industry Read the fall issue…………………………………..
Senate Bill 326: Balcony Inspections (CA)
On August 30, 2019, the Governor approved Senate Bill No. 326 (“SB 326”), which amends Civil Code Section 5551 and requires associations to conduct an inspection of their exterior elevated elements (i.e., balconies, decks, patios, stairways, walkways, and their railings) and the associated waterproofing systems, to determine if they are in a generally safe condition. […]
Hitting A CEQA Snag: Third District Affirms Rejection of Statutory Road Abandonment And Brown Act Challenges (CA)
In a published opinion filed on August 17, 2020, the Third District Court of Appeal mostly affirmed the trial court’s judgment upholding Placer County’s partial abandonment of public easement rights in an emergency access/public transit road connecting two Lake Tahoe-area residential subdivisions; the County took the action to resolve disputes that had arisen after one […]
Elevator Collision Coverage (CA)
Not long ago, the Treasurer on a board of directors called to cancel their recently approved policy because “it included elevator collision coverage and we don’t have an elevator.” She was upset because the 185-page policy contained language that did not apply “at all” to her small community, and she was convinced that they were […]
Court Holds That County’s Abandonment of Public Road Easement Rights Did Not Violate Brown Act, Was Supported by Substantial Evidence, and Did Not Create Takings Liability (CA)
On August 17, 2020, in Martis Camp Community Association v. County of Placer, __ Cal.App.5th __ (2020) (Case Nos. C087759 and C087778), the Third District Court of Appeal addressed several novel legal claims arising from the County of Placer’s partial abandonment of public easement rights in a road connecting two adjacent residential subdivisions near Lake […]
A Step-by-Step Approach to Amending and Restating Governing Documents (CA)
It seems as though the laws change as frequently as the tides. Some years see more legal changes than others – changes that greatly affect the way boards manage the association’s affairs. The laws governing community associations have experienced so much change within the past three to four years alone that it may make your […]
Solving The Poop Problem with Dog Owners in your HOA: 7 Things to Try
Are you having a problem with community members not following along with HOA guidelines when taking care of dog poop? More than 10.6 million pounds of dog waste is produced every year in the United States. When dog waste isn’t properly cleaned up, it can leave a stench and a mess. Read the article……………………………
There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road (CA)
We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a cul-de-sac, turn a two-way street into a one-way street, close a driveway, relocate an off-ramp, […]
Additional Insured
Earlier this month, one of our insured communities had an interesting experience. They hired a contractor to do some fence repairs, and in the process of fixing said fence, the crew hit an irrigation line. This caused a considerable leak and one of the units suffered water damage. Read the article……………………………..
Prevailing Party: Trial Court Properly Exercised Its Discretion In Finding Dismissed Civil Harassment Defendant Was Not Prevailing Party And Not Entitled To Attorney Fees (CA)
Plaintiff in Steele v. Holcomb, Case No. G057931 (4th Dist., Div. 3 July 27, 2020) (unpublished), who served on the board of directors for a residential homeowners association, filed a petition for a civil harassment restraining order against a resident for violent and harassing conduct she alleged he displayed concerning maintenance issues at his residence. […]
HOA Restrictions on Emotional Support Dogs in the Pool Area (CA)
Asked – Our Association does not allow pets in the pool area, but a resident has recently begun bringing her emotional support dog to the pool-side lounge area. Do we have to let the dog accompany its owner to the pool? Read the article………………………………….
Court Finds This Triptych Sufficient To Establish A Director’s Breach Of Fiduciary Duty (CA)
Yesterday’s post discussed one aspect of the Court of Appeal’s holding in Coley v. Eskaton, 2020 Cal. App. LEXIS 629. The case involved a homeowner’s lawsuit against two directors of the homeowner’s association and their employers. Among other things, the plaintiff alleged that the directors approved assessments that benefited their employers in violation of the […]
Director Found To Have Breached His Fiduciary Duty By Sharing Corporation’s Privileged Information With His Personal Attorney (CA)
A homeowner in a common interest development sued the homeowner association and two of its directors and the directors employers. The directors’ were employed by two related companies engaged in the development and support of common interest developments. The homeowner association’s attorneys advised the association during the course of the litigation. One of the directors […]
California Homeowner Association HOA and Condo Regulations Summary Guide for 2020
Some states have comprehensive regulations for the HOA and Condominium Association industry. California having the second largest number of community associations in the country, with over 46,000 associations, is one of them. We have a growing number of homeowner association and condo community clients in California and wanted to distill these regulations into an easier […]
Protecting HOA Members’ Contact Information (CA)
Asked – Our HOA Board of Directors just learned that any member may request a copy of our HOA’s membership list and have access to other members’ personal contact information. Is there anything we can do to protect the privacy of our members who may not want their personal information shared with others in our […]
Top 10 Legal Obligations of Homeowners Associations
Across the US, approximately 2.5 million people serve on community associations and boards. More Americans are choosing to live in communities that are ran by HOA’s. Beyond being the people who decide if you can paint your door purple, the list of obligations and responsibilities Homeowners Associations have is certainly long and complex. Read the […]
Splish Splash, Please Let Me In the Bath: Can We Open the Pool? (CA)
Summer is upon us, so let’s take a dive into a hot issue: can the association open its pool? The answer is, it depends. Pool openings are being permitted in various counties – many of which are subject to conditions of opening – and not being permitted in others. In determining when the association can […]
The Importance of Homeowners Association Upkeep (CA)
According to the David-Stirling Act, enacted in 1985 and revised in 2014, California HOAs function as a second or miniature civic government for the communities they serve. That means that there are certain levels of Homeowners Association exterior maintenance and upkeep that homeowners not only expect but are entitled to! Read the article……………………………..
California Wildfire Disasters: The Interpretation and Implementation of Our New Insurance Laws
On a Thursday morning, I received the call that no daughter ever wants to receive. It was from my mom and her car was surrounded by fire. At the same time that I was taking my mom’s call, my dad and stepmom were sending me videos of several fires on the opposite side of town […]
The Rule of Judicial Deference: Protecting HOA Decisions Based on Reasonable Investigation and Made in Good Faith
Volunteer officers and directors of a common interest development (“HOA”) are required to make decisions which often have significant legal and financial implications for the HOA and its membership. Because they are unpaid volunteers, officers and directors are afforded certain protections against personal liability similar to those afforded to directors and officers of other types […]
The New Normal: What to Expect as Restrictions Are Lifted (CA:
The coronavirus pandemic has upended many aspects of Southern Californians’ personal and professional lives. As our state begins to move into a phased re-opening, life in your HOA will likely not return to exactly what it was before – at least not in the short-term. However, all challenges reveal new opportunities, so there are many […]
How Quickly Must HOAs Bring Suit Against Homeowners for Violations of the Governing Documents? (CA)
Asked– Is the Board of Directors required to bring legal action, within a certain timeframe, against a homeowner, who is violating the association’s governing documents? Read the article……………………………
Board Member Best Practices
As a volunteer Board Member, you have made a selfless decision to volunteer your valuable time for the betterment of your community. You’re an inspiration to many, including our management team at PMP, and one of the main reasons we love what we do! Read the entire article……………………………….
3 Legal Duties of HOA Board Members (CA)
Being on the board of directors for a homeowners association comes with a lot of responsibility. The board is responsible for making sure the entire community is running well. This includes making sure all of the homeowners are following the rules, making sure the community is well-kept and safe, and handling all of the association’s […]
Coastal vs. Inland Empire HOAs: Understanding Different Needs
Southern California has a long history with homeowners associations and nearly all of the area’s new construction is part of an HOA. While all southern Californians love the region’s geographic diversity and roughly 280+ days of sun per year, inland and coastal homeowners associations face slightly different challenges. Here are a few key topics to […]
Can an Association Prohibit Smoking Inside the Units? (CA)
Asked – Can a homeowners’ association prohibit owners from smoking within the interior of their units? Read the Q&A……………………………
Board Decisions, The Business Judgment Rule, And Judicial Deference (CA)
No board member wants to see their name, or that of their Association, listed as a defendant in a lawsuit alleging they violated their obligations under the Association’s CC&Rs or California law. This is especially true for any board member who spends countless hours enforcing the governing documents, participating in violation hearings, attending board meetings, […]
Dealing With Issues Of Discrimination And Harassment Between Neighbors (CA)
Unresolved disputes amongst neighbors can lead to lengthy and costly litigation. This is especially true when dealing with claims of harassment or discrimination. In a typical residential setting, the costs of these disputes, and any resulting litigation, would be borne solely by the individual homeowners. However, in a common interest development, these disputes can evolve […]
Can a Board Use Reserves for an Item Not Listed in the Reserve Study? (CA)
The purpose of the reserve fund is to plan for future repairs and replacements in the association. But what about components that you can’t see and aren’t listed in the reserve study? For example, plumbing supply lines that aren’t included in the reserve study and will end up costing somewhere in the ballpark of $50,000 […]
HOA Homefront: 3 misused terms in the HOA world (CA)
As a lawyer, I plead “guilty” to being persnickety (to use a Latin term) regarding the correct use of legal terms. In the world of common interest developments, there are several commonly used terms that are inaccurate and create misunderstanding. Here are four of the “all-stars”. Read the article…………………………..
Board Members: The Unsung Heroes of Your HOA (CA)
When you stroll the perfectly groomed grounds of your neighborhood or enjoy a relaxing afternoon at your community’s crystal-clear pool, it’s easy to overlook the amount of attention and maintenance required to keep your community looking spectacular. The beauty and value of your homeowners association doesn’t simply happen on its own. It’s a result of […]
4 Ways an HOA Board Protects the Association (CA)
The role of an HOA board can be summed up by three different words: to protect, maintain and enhance the Association. What does it mean to protect? It’s to keep someone from harm or injury. In a homeowners association it’s the board members’ responsibility to protect the homeowners and community. Read the article…………………………….
New Case Holds that Post-Petition HOA/Condo Assessments That Become Due After A Homeowner Has Filed For Chapter 13 Bankruptcy Are Also Dischargeable – Ouch!
As many of you likely know, when a homeowner files a Chapter 7 bankruptcy, they may be able to “discharge” their obligation to pay the pre-bankruptcy petition debts including the assessments they owe their community association. And you likely know that when an owner files a Chapter 13 bankruptcy, they are looking for a way […]