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How to Respond to Records Requests

Posted by Garrett Wait | Jun 19, 2020 | 0 Comments

When your association receives a records request under Civil Code Section 5200 et seq, the first thing to analyze is the timeline for inspection of the records requested. Section 5210 of the Civil Code outlines the various timeframes for delivery or inspection of the records requested, and each c...

SOUTHERN CALIFORNIA SUPERIOR COURTS REOPENING

Posted by Steven Banks | Jun 03, 2020 | 0 Comments

Southern California superior courts are beginning the process of reopening following COVID-19 pandemic closures. The reopening process differs from county to county. Courts are now accepting new filings and certain types of motions are being heard. New and pre-closure filings are being processed....

Some Animals are More Assistive than Others: HUD Issues New Guidelines regarding Disability Accommodation Requests Involving Assistance Animals

Posted by Steven Banks | Jun 01, 2020 | 0 Comments

It's been almost a decade since the U.S. Department of Housing and Urban Development (“HUD”) last issued guidelines regarding assistance animals. Since then, use of assistance animals has increased considerably, as have efforts by some to exploit ambiguities, leading to news stories about emotion...

Smoking Ban Not a Reasonable Accommodation

Posted by Joel Kriger | May 19, 2020 | 0 Comments

In 2004, Phyllis Davis purchased a unit on the second floor of a four-unit building. She was a cancer survivor with a history of asthma and claimed that cigarette smoke from the unit below significantly impacted her ability to breathe comfortably. She requested help from the Association's board o...

EMERGENCY RULE AND COVID-19 Hardship

Posted by Joel Kriger | May 04, 2020 | 0 Comments

Homeowner Associations need to continue to do their best to maintain the budgeted cash flow to keep their associations functioning as smoothly as possible.  In recognition of the financial hardship caused by the current pandemic, a Board may want to consider temporarily modifying penalties impose...

Following Statutory Guidelines in Collection Matters

Posted by Garrett Wait | Mar 07, 2016 | 0 Comments

The Davis-Stirling Act gives homeowners associations some powerful tools to deal with delinquent homeowners, including the ability to foreclose on a delinquent owner's home if necessary. However, associations and managers should be extremely cognizant of the statutory guidelines throughout the co...

Reinstituting Neglected Restrictions

Posted by Joel Kriger | Nov 24, 2015 | 0 Comments

It is important for associations to consistently enforce the key provisions in their Governing Documents. This does not always happen and some restrictions may be ignored for years without any negative effects on the community. Suddenly, new leadership is elected, and it is felt that these restri...

New Law on Clotheslines

Posted by Joel Kriger | Oct 29, 2015 | 0 Comments

Civil Code section 4750.10 will become effective in 2016 and makes unenforceable any provision of the governing documents that effectively prohibits or unreasonably restricts an owner's ability to use a clothesline or drying rack in the owner's backyard.  Restrictions of this nature are common in...

Insurance Claims Should Be Tendered Promptly

Posted by Bradley Schuber | Oct 26, 2015 | 0 Comments

In California, homeowner associations generally have a duty to purchase and maintain insurance policies to protect against a variety of risks. Most if not all insurance policies require their insureds to give prompt notice of a potential or actual claim. The language of the insurance policy typic...

Payment Under Protest

Posted by Joel Kriger | Sep 24, 2015 | 0 Comments

Civil Code section 5658 creates a process where disputed fines or other charges can be resolved in small claims court. Before an owner can challenge a disputed fine or charge imposed by the Association they are required to make a payment under protest. The law provides that when a dispute exists ...

Pet Rules and Regulations

Posted by Bradley Schuber | Sep 02, 2015 | 0 Comments

Generally, associations may not prohibit members from having at least one pet.  California Civil Code Section 4715(a) provides that “No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the common interest...

Directors Duty To Attend Board Meetings

Posted by Bradley Schuber | Jul 29, 2015 | 0 Comments

In California, a person who accepts the responsibilities of a director owes several duties to a homeowner's association including a duty of care, a duty of diligence, a duty to monitor finances, and a duty to act in good faith to promote the success of the organization.  More specifically, Califo...

Election of Officers

Posted by Bradley Schuber | Jun 24, 2015 | 0 Comments

In California, unless otherwise specified in an association's articles or bylaws, officers are elected by the board of directors, and not the general membership.  More specifically, California Corporation's Code Section 7213(b) provides as follows:  “Except as otherwise provided by the articles o...

Cable TV Contracts

Posted by Joel Kriger | Jun 16, 2015 | 0 Comments

If your association has a bulk rate for a cable TV contract that is for more than one year, be sure to check your CC&Rs before renewing the contract or entering into a new contract with another vendor.  Some governing documents require a membership vote for contracts with a term of more than one ...

Contractor’s Insurance

Posted by Bradley Schuber | May 28, 2015 | 0 Comments

Prior to hiring a contractor, an association should confirm that the contractor has adequate insurance.  Specifically, an association should require evidence of 1) workers compensation insurance, 2) commercial general liability insurance, and 3) vehicle insurance. First, if the contractor has any...

Community Renovation Projects

Posted by Joel Kriger | Mar 16, 2015 | 0 Comments

 Before the Board of Directors signs a contract with a vendor such as a contractor, architect, engineer, etc. please pay special attention to contract provisions that discuss indemnities, limitation of liability and insurance coverage.  More often than not, these sections of the contract favor th...

PERSONAL AGRICULTURE

Posted by Joel Kriger | Mar 04, 2015 | 0 Comments

Commencing this year new legislation in Civil Code Section 4750 protects the rights of homeowners who wish to use their backyard or exclusive use area for personal agriculture. Personal agriculture is the use of land to cultivate edible plant crops for personal use or donation. A plant crop is an...

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