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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...

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...

Senate Bill 392 was legislation passed a year ago that, among other things, amended Civil Code §4040 regarding the definition of “individual delivery” or “individual notice” but delayed the effective date of that change to January 1, 2023. The California Civil Code specifies that certain associa...

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...

As the California legislature continues its efforts to address the shortage of housing in the state, the new year will usher in more revisions to the laws affecting accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). A number of the revisions expressly codify existing...

An increasing number of board members are finding themselves in a position where they face unlawful harassment from their fellow homeowners/members. When this occurs, the law provides several safeguards to protect a board member from harassment by other members. A restraining order is the most co...

Special assessments are sometimes necessary to cover unanticipated or underbudgeted expenses. If imposed in accordance with the applicable legal requirements, special assessments may be collected in the same manner as regular assessments. Too often, however, the first we (as the association's leg...

In the recent unpublished case of Sunset Greens Homeowners Association v. Spagenski, the Fourth District Court of Appeal upheld a San Diego Superior Court judge's entry of summary judgment for a community association on a case involving a vicious dog. The association had sued after the defendant ...

To create senior-specific communities, California carved out certain allowable restrictions in Civil Code Section 51.3 and its Riverside County-specific counterpart 51.11. Those statutes provide three distinct categorical definitions of people who can legally reside in communities designated for ...

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...

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...

On September 23, 2021, Governor Newsom approved Senate Bill 391 that allows an association to hold board meetings entirely by teleconference, so long as it meets certain requirements.  It was drafted as an urgency bill and so it took effect immediately after being approved by the Governor. SB 391...

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...