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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...

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 ...

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...

In February of this year, the California Appellate Court confirmed an Association's ability to impose restrictions on hardwood flooring in an upper level condominium.  The case is Ryland Mews Homeowners Association v. Ruben Munoz.  In this case, the owner of the unit installed hardwood floors wit...

A bill proposed by Assemblywoman Patty Lopez (AB 1448) which would reclassify clotheslines as “solar energy systems” is working its way through the California state legislature. The bill would rewrite California Civil Code Section 714 to define clotheslines in the same manner as photovoltaic sola...

 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...

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...