Blog

Senate Bill 908 created the Debt Collection Licensing Act (DCLA), which caused a lot of uncertainty in the HOA industry as to whether the licensing requirement would apply to management companies and law firms that assist HOAs in the collection of delinquent assessments. The California Department...

The July 1, 2022 deadline to amend governing document rental restrictions that conflict with Civil Code §4741 is approaching fast. Civil Code §4741 took effect at the beginning of last year—in January of 2021—as a result of Assembly Bill (AB) 3182. As discussed in prior bulletins, Civil Code §47...

Multiple bills have been signed by the Governor resulting in piecemeal changes to portions of the Civil Code and Corporations Code. This article will provide a brief summary of some of the subjects addressed in the various bills. Our website contains a detailed summary of each of the bills along ...

Federal Consumer Financial Protection Bureau Issues Rules Relating to Fair Debt Collection Practices Act The Consumer Financial Protection Bureau (“CFPB”) is a federal agency with authority to issue rules implementing the substantive requirements and prohibitions of the Fair Debt Collection Prac...

Legislative Update – Assembly Bill 1584 Amends Civil Code §4741 Last year, Assembly Bill (AB) 3182 was signed into law, which added a new Section 4741 to the California Civil Code as of January 1, 2021. Civil Code §4741 prohibits associations from adopting or enforcing governing document provisi...

SB 908, the new law that mandates debt collectors obtain licenses through an application process, will cause significant headaches throughout the HOA assessment recovery industry. Behind the scenes, there is an intense debate in the industry about the law's applicability to the collection of HOA ...

A local San Diego case is making waves in the HOA world. In Jacquin v. North Shore Encinitas Owners' Association, inadequate on-street parking and a split in the community on how to address the issue came to a breaking point when one owner claimed that the Association's revised parking rules acte...

Jonathan Clayton recently sued Bigelo, LLC to prevent it from constructing a two-story home that he claimed not only violated the CCRs but also interfered with his ocean view and his right of privacy and limited his access to light and air because of the size and height of the home. (See Clayton ...

The long-anticipated June 15 lifting of COVID-19 restrictions is upon us and for associations with pools, it could not be better news. Community pools are no longer subject to specific restrictions, including mask and capacity restrictions. More particularly, mask restrictions have been lifted f...

This is shaping up to be a busy year for proposed legislation affecting community associations. Most of the legislation being proposed is typical in that if it ends up getting signed into law by the Governor, it will not take effect until January 1 of 2022. However, Senate Bill (SB) 391 is pendin...

In these quickly changing times, we would like to update you on how Kriger Law Firm is navigating this unprecedented pandemic and provide you resources for questions you might have. We are closely monitoring and reviewing daily public health updates surrounding COVID-19. On January 25, the state...

Thanksgiving looks and feels a lot different this year. We're facing curfews, quarantines, travel restrictions, and limits on gatherings. The simple pleasures of reuniting with friends and family, congregating in a crowded kitchen, gathering around a table while sharing food, libations, and stori...

Community association managers and board members are accustomed to dealing with unrealistic expectations of residents. As common area facilities – particularly swimming pools – have been closed in response to public health orders and liability concerns related to COVID-19, conflicts are continuin...

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 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....

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...

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...

For associations that are considering reopening their pools, clubhouses, or other amenities/facilities, we strongly recommend following the county and CDC guidelines.  The CDC offers guidance for associations on reopening amenities/facilities which can be found here: https://www.cdc.gov/coronavir...

To limit exposure to the coronavirus and to attempt to manage its spread, healthcare professionals and government officials have urged the public to avoid gatherings and, to the extent possible, to stay at home. As a result, countless events have been canceled and many businesses have suspended o...

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...

Kuhn v. McNary Estates Homeowners Association, Inc., No. 6:16-cv-00042-AA (D. Or. Jan. 12, 2017) The United States District Court for the District of Oregon ruled that an association violated federal and state fair housing acts when it refused to allow owners to park a large vehicle in their driv...

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...

Board members must be very careful with email communications between themselves and management regarding potential or existing litigation. These emails are all discoverable. This means that the opposition can obtain copies of them, and use the emails to either advance or defend their position in ...

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...

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...