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PERSONAL AGRICULTURE

Posted by Joel Kriger | Mar 04, 2015 | 0 Comments

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...

HOAs Should Keep an Eye on the Legislative Calendar

Posted by Garrett Wait | Feb 10, 2015 | 0 Comments

Board members and property managers interested in keeping tabs on legislation which may affect their Association should put February 21 on their calendars. That is the last day bills may be introduced for this legislative year, and could be a busy day for bills which may impact homeowners associa...

2015 Changes for Solar Approval

Posted by Joel Kriger | Feb 02, 2015 | 0 Comments

Civil Code sections 714 and 714.1 address the extent that an Association can impose reasonable restrictions on the installation of solar energy systems used for heating water or producing electricity. Owners must apply for approval to install a solar energy system and receive approval from the As...

Internal Dispute Resolution Amendment

Posted by Joel Kriger | Nov 19, 2014 | 0 Comments

As you know, Civil Code Section 5910 was recently amended regarding Internal Dispute Resolution.  When referring to IDR, Subsection (f) states, “The procedure shall provide a means by which the member and the association may explain their positions.  The member and association may be assisted by ...

Why Update Bylaws?

Posted by Joel Kriger | Oct 21, 2014 | 0 Comments

It is a common misconception that all Bylaws are alike and that there is little need to update them.  Updating Bylaws is an opportunity to make changes that will make corporate governance run more smoothly.  When we update Bylaws that were drafted by the original developer of a community, we typi...

Board Members Beware of the Open Meeting Act

Posted by Joel Kriger | Aug 11, 2014 | 0 Comments

The Open Meeting Act (Civil Code Sections 4900, et seq.) states that “ [T]he Board of an Association may not take action of any item of business outside a board meeting”, including via electronic mail unless it is an emergency.  Electronic mail may be used as a method of conducting an emergency b...

Ongoing CC&R Violations Could Lead to Restraining Orders

Posted by Garrett Wait | May 23, 2014 | 0 Comments

Owners of properties in HOAs occasionally don't review the governing documents as closely as they should. When owners begin doing work on their property, it could be in violation of the CC&Rs, specifically when the CC&Rs contain certain architectural restrictions. If owners are allowed to continu...

Discriminatory Rules Can Be a Costly Mistake

Posted by Joel Kriger | May 09, 2014 | 0 Comments

 If an association's rules include discriminatory provisions, a resident can file a discrimination claim with the Department of Fair Employment and Housing (“DFEH”) for association's enforcement of those rules. Such a claim, if successful, can result in the association having to pay significant d...

Debt Collectors Target of Lawsuits

Posted by Joel Kriger | Mar 27, 2014 | 0 Comments

Assessment collections can be a legal minefield and homeowners associations should be certain to have all of their ducks in a row when beginning collections work. Certain law firms have begun aggressively pursuing litigation under the Federal Fair Debt Collections Practices Act and California's R...

“Approval By A Majority of a Quorum”

Posted by Joel Kriger | Mar 17, 2014 | 0 Comments

In the 2014 update of the Davis-Stirling Common Interest Development Act, the state legislature took it upon themselves to define a key vote-counting method which has tripped up Associations in the past.  In California Civil Code Section 4070, “Approval By A Majority of A Quorum” is defined as “a...

Tree Disputes

Posted by Bradley Schuber | Mar 11, 2014 | 0 Comments

Trees are an important part of life. However, because of their constant change, not all trees remain appropriate or convenient in the location that they were planted originally.  Moreover, the same tree that provides one neighbor shade, beauty and comfort, can sometimes annoy another neighbor by ...

Request for Notice: Are Lenders Complying?

Posted by Joel Kriger | Mar 05, 2014 | 0 Comments

Under Civil Code Section 2924b(f), lenders are obligated to provide notice to the association that it has foreclosed on a property, provided that the association has first recorded a “Request for Notice” in the county recorder's office.  In the Request for Notice, the association gives notice to ...

Disclosure of Results from Disciplinary Hearings

Posted by Bradley Schuber | Feb 28, 2014 | 0 Comments

Generally, any member of the Association, including a member who may have filed a complaint against his/her neighbor, does not have the right to know the results of a disciplinary hearing.  As most disciplinary hearings are held in executive session, the minutes from executive session meetings ar...

Owner Approval Of Bank Loans

Posted by Joel Kriger | Oct 22, 2013 | 0 Comments

If your association intends to obtain a bank loan, we recommend that you check with us first to see if owner approval of the loan is required before proceeding with signing the loan commitment and paying any bank fees.  Associations often make the mistake of moving forward with the loan only to f...

Rent Skimming

Posted by Joel Kriger | Oct 03, 2013 | 0 Comments

 Many banks are slow to foreclose on common interest development properties, in part, to avoid paying homeowner association monthly assessments.  As a result, some associations choose to take action and foreclose on those properties in order to supplement its budget with rental income.  However, ...

Rule Change Reversal

Posted by Joel Kriger | Aug 07, 2013 | 0 Comments

Just because a rule change is implemented does not mean the rule is final and above repeal.  According to Civil Code Section 1357.140, members of an Association owning 5% or more of the separate interests may call a special meeting of the members to reverse a rule change.  This means a common int...

Contracts Can Be Tricky Business

Posted by Joel Kriger | Jun 25, 2013 | 0 Comments

Contracts can often be tricky business, and it is wise to allow the attorneys at Kriger Law Firm take a look at them before an Association enters into a contractual relationship that ends up being unsavory. Recently, a client of ours was undertaking to perform a construction project and hiring a ...

Project Management Recommended for Major Repair Projects

Posted by Joel Kriger | Apr 25, 2013 | 0 Comments

Is your association considering a major repair project such as roof replacement or siding replacement or an overall upgrade with balcony and stairway wood replacement?   As the Board develops its project budget, we recommend that the association include the cost of a project management consultant...

New Legislation for the Remodel of Swimming Pools

Posted by Garrett Wait | Apr 05, 2013 | 0 Comments

Southern California summers are perfect for lounging around by the swimming pool, soaking in the sun's rays. In anticipation of more great swimming seasons, many associations will be taking some time to upgrade their pool facilities in the next few years. These associations need to be aware of As...

Judges Won’t Wait for Your Next Board Meeting

Posted by Joel Kriger | Feb 13, 2013 | 0 Comments

Judges won't wait for your next board meeting!  We want to remind all of our clients with pending law suits in Superior Court that we often need decisions made by the Board before the next regular board meeting.  Court procedures need to be followed and documents need to be filed with the court w...

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