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Crime in HOAs

Posted by Garrett Wait | Jun 18, 2024 | 0 Comments

Recently, some homeowners associations have reported criminal conduct within their communities and asked what their responsibility may be in fighting crime in their neighborhoods. First, boards and managers should understand that they are not law enforcement. Their ability to respond to criminal ...

Regular Assessments vs. Special Assessments

Posted by Bradley Schuber | May 21, 2024 | 0 Comments

In California, homeowner associations are required to levy regular and special assessments to meet their obligations. However, unexpected expenses arise sometimes, so an association must increase regular assessments, levy special assessments, or both to meet its obligations. Under California law,...

How Assembly Bill 1764 Will Impact Your Election

Posted by Niki Tran | Mar 19, 2024 | 0 Comments

In the ever-evolving landscape of homeowners association (HOA) laws and regulations, staying informed and compliant is crucial for the smooth operation of your community. The signing of Assembly Bill 1764 into law on October 11, 2023, which will take effect on January 1, 2024, brings changes to C...

New California Laws Regarding Accessory Dwelling Units

Posted by Steven Banks | Feb 22, 2024 | 0 Comments

The Governor recently approved two Assembly bills regarding accessory dwelling units (ADUs): AB 976 and AB 1033. The Planning and Zoning Law provides for the creation of ADUs by local ordinance, or, if a local agency (city or county) has not adopted an ordinance, by ministerial approval, in acc...

Lake Lindero Case Alters Recall Landscape

Posted by Garrett Wait | Jan 10, 2024 | 0 Comments

In a new case, Lake Lindero Homeowner Association v. Barone, the Court of Appeals described and enshrined the interplay between the law and an association's bylaws. The Court also provided guidance regarding quorum requirements to associations dealing with recall elections. In Lake Lindero, the ...

Adverse Possession and Prescriptive Easements

Posted by Bradley Schuber | Dec 14, 2023 | 0 Comments

Board members have a duty to protect the property rights of their association. Occasionally, neighboring property owners may attempt to acquire property rights over association property through adverse possession and prescriptive easements, which board members should safeguard against.   Advers...

Addressing HOA Insurance Cancellations and Price Hikes

Posted by Steven Banks | Oct 31, 2023 | 0 Comments

In recent months, Farmers Insurance canceled insurance policies for condo complexes with hundreds of units in San Diego's Tierrasanta, Rancho Penasquitos, and Scripps Ranch communities. Formerly “good neighbor” State Farm Insurance announced it will no longer “be there” to sell casualty insurance...

Rethinking Board Discussions Over Email

Posted by Niki Tran | Sep 20, 2023 | 0 Comments

Recent events have brought board discussions via email under the spotlight, especially after the Court of Appeal's ruling LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Association. The legal community has weighed in, offering insights, warnings, and advice on this topic. This article ...

Who's Responsible for Tree-mendous Damage in California

Posted by Niki Tran | Aug 15, 2023 | 0 Comments

Tree disputes can be a source of frustration and conflict between neighbors and homeowner associations. These disputes often arise when a tree on one person's property damages another person's property. In such cases, it is important to understand who is responsible for the damages and what steps...

Parker Case Imposes Additional Restrictions in Bankruptcy

Posted by Garrett Wait | Jul 17, 2023 | 0 Comments

A bankruptcy case from the Northern District of California provided new restrictions for homeowners associations dealing with an owner's bankruptcy. In In re Sarah-Jane Parker, involving a years-long dispute between the Bayside Court Owners Association and an owner at the Association, the Court i...

Fumigation and Tenting

Posted by Bradley Schuber | May 25, 2023 | 0 Comments

Under California Law, a homeowner association may require its residents to temporarily vacate their homes for fumigation and tenting in order to treat for termites. More specifically, under California Civil Code Section 4785, an association may “…cause the temporary, summary removal of any occupa...

How Assembly Bill 1410 Will Impact Your HOA

Posted by Niki Tran | Apr 24, 2023 | 0 Comments

Assembly Bill (AB) 1410, authored by Assembly Member Freddie Rodriguez, was signed into law on September 30, 2022, and took effect on January 1, 2023. This bill made three changes to existing laws impacting homeowner associations, specifically regarding usage of social media and online reso...

Electric Vehicle Charging Station Standardization

Posted by Garrett Wait | Feb 14, 2023 | 0 Comments

As Californians go green, electric cars and their necessary charging stations are becoming the focus of new legislation. In particular, Assembly Bill 1738 will require several state housing and building departments to develop mandatory building standards for certain electric vehicle charging stat...

Election Without Voting

Posted by Joel Kriger | Aug 10, 2022 | 0 Comments

Civil Code section 5103, effective January 1, 2022, dispenses with requirement of voting for board members at the annual meeting so long as the number of candidates is not more than the number of vacancies to be elected. The existing board may vote to consider the candidates seated by acclamation...

Shakeup On Emotional Support Animals

Posted by Niki Tran | Jul 20, 2022 | 0 Comments

Effective since the beginning of this year, Assembly Bill 468, signed into law by California Governor Newsom, imposes several new requirements intended to crack down on emotional support animal (“ESA”) fraud. Fraudulent practices surrounding ESAs are problematic for not only businesses but homeow...

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