Blog

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...

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...

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 ...

On September 4, 2015, Gov. Brown signed AB 349 into law, effective immediately which amends Civil Code section 4735 and limits the right of homeowners associations to restrict the use of artificial turf. The law renders “void and unenforceable” any provision in governing documents or guidelines w...

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...

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...

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...