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Update Regarding Debt Collection Licensing Act

Posted by Tyler Kerns | Jun 07, 2022 | 0 Comments

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...

New Legislation for 2022

Posted by Joel Kriger | May 04, 2022 | 0 Comments

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 ...

Assembly Bill 1584 Amends Civil Code Section 4741

Posted by Tyler Kerns | Dec 07, 2021 | 0 Comments

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...

Court Upholds Challenged Parking Regulations

Posted by Garrett Wait | Sep 15, 2021 | 0 Comments

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...

No Right to an Ocean View or Privacy

Posted by Joel Kriger | Aug 11, 2021 | 0 Comments

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 ...

Lifting Restrictions Allows for Summer Fun

Posted by Garrett Wait | Jun 15, 2021 | 0 Comments

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...

Spotlight On Proposed Senate Bill 391

Posted by Tyler Kerns | Apr 12, 2021 | 0 Comments

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...

COVID-19 Updates & Our Service Promise

Posted by Niki Tran | Feb 22, 2021 | 0 Comments

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...

Kriger Law Firm Wishes You a Happy and Safe Thanksgiving

Posted by Steven Banks | Nov 24, 2020 | 0 Comments

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...

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...

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