Posted by Bradley Schuber | Sep 02, 2015 |
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...
Posted by Bradley Schuber | Jul 29, 2015 |
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...
Posted by Bradley Schuber | Jun 24, 2015 |
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...
Posted by Joel Kriger | Jun 16, 2015 |
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 ...
Posted by Bradley Schuber | May 28, 2015 |
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...
Posted by Joel Kriger | Apr 27, 2015 |
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...
Posted by Garrett Wait | Apr 10, 2015 |
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...
Posted by Joel Kriger | Mar 16, 2015 |
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...
Posted by Joel Kriger | Mar 04, 2015 |
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...
Posted by Garrett Wait | Feb 10, 2015 |
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...
Posted by Joel Kriger | Feb 02, 2015 |
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...
Posted by Joel Kriger | Nov 19, 2014 |
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 ...
Posted by Joel Kriger | Oct 21, 2014 |
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...
Posted by Bradley Schuber | Sep 05, 2014 |
The short answer is no. Section 7211 of the California Corporations Code prohibits a board from conducting general meetings via electronic mail. However, an exception exists in the case of an emergency. The need for an emergency meeting arises where the circumstances creating the emergency coul...
Posted by Joel Kriger | Aug 11, 2014 |
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...
Posted by Garrett Wait | May 23, 2014 |
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...
Posted by Joel Kriger | May 09, 2014 |
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...
Posted by Joel Kriger | Mar 27, 2014 |
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...
Posted by Joel Kriger | Mar 17, 2014 |
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...
Posted by Bradley Schuber | Mar 11, 2014 |
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 ...
Posted by Joel Kriger | Mar 05, 2014 |
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 ...
Posted by Bradley Schuber | Feb 28, 2014 |
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...
Posted by Bradley Schuber | Nov 04, 2013 |
Associations are allowed to charge transfer fees that they incur when residents move in or move out of the community. However, transfer fees cannot be more than what is necessary to cover an association's costs, and in no event are they meant to generate a profit for an association. A typical e...
Posted by Joel Kriger | Oct 22, 2013 |
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...
Posted by Joel Kriger | Oct 03, 2013 |
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, ...