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Pet Rules and Regulations

Posted by Bradley Schuber | Sep 02, 2015 | 0 Comments

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...

Directors Duty To Attend Board Meetings

Posted by Bradley Schuber | Jul 29, 2015 | 0 Comments

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...

Election of Officers

Posted by Bradley Schuber | Jun 24, 2015 | 0 Comments

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...

Cable TV Contracts

Posted by Joel Kriger | Jun 16, 2015 | 0 Comments

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 ...

Contractor’s Insurance

Posted by Bradley Schuber | May 28, 2015 | 0 Comments

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...

Community Renovation Projects

Posted by Joel Kriger | Mar 16, 2015 | 0 Comments

 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...

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, ...

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Kriger Law Firm is committed to answering your questions about Community Association General Counsel, Governing Document Revisions, Alternative Dispute Resolution, CC & R Enforcement Litigation, and Common Interest Development law issues in California.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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