Blog

 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, ...

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 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 ...

If your association is considering obtaining an FHA recertification, you may be interested in the latest abrupt change in FHA's policies.  The FHA suddenly started rejecting recertification applications due to common wording in the leasing provisions in CC&Rs.  If the CC&Rs state that owners cann...

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...

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...

The amendment to B&P Code Section 7026.1 that went into effect January 1, 2013 could significantly impact boards of directors and association managers.  The amendment states that any home improvement contract that costs more than $500 in labor and material requires the work to be performed by a l...

If your association worked for months developing amended and restated CC&Rs and Bylaws; sent them out to the owners for a vote; and then they did not pass, don't despair.  Old governing documents often require that 75% or 67% of the owners approve a CC&Rs amendment and this is a difficult hurdle ...

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...

The Community Associations Institute – known as CAI – is a national organization celebrating its fortieth birthday this year. Lincoln Cummings, a CAI founder and past president explains:  CAI was formed to become the preeminent source of information, training, guidance and research for the succes...

Some of our clients have asked for a simpler explanation of AB 2273, which was enacted last Fall, and the benefits of recording a Request for Notice.  I thought including this explanation in our blog might be helpful to our readers.  If a Request for Notice is recorded, the bank that forecloses o...

Civil Code Section 2924b was passed in January 1, 2009 which requires lenders to notify homeowners associations when they foreclose on property located within a homeowners association.  The lenders figured out how to avoid the notice requirement by foreclosing on properties and then refusing to r...

Managers and association boards may want to remind owners that as of January 1, 2013, carbon monoxide alarms will now be required for apartments and condominiums with fossil fuel burning appliances and/or attached garages.  This requirement went into effect for single family homes on July 1, 2011...

We would like to take a moment to say farewell to one of our clients, Dan McKinnon.  Mr. McKinnon passed away on November 22, 2012 from neuroendocrine cancer.  Mr. McKinnon led a fascinating life.  Just to mention a few of his accomplishments: he was a Navy pilot, radio station owner, government ...

HOA and Trees: Many community associations have trees which are in their common areas. Associations are responsible for damage resulting from invasive tree roots. The roots can invade common area sewer lines, causing backups into homes. The invasive tree roots can also undermine foundations and p...

There has been a renewed interest by homeowners in the installation of solar panels on their roofs. Members of the association are still required to apply and receive approval from the architectural committee before installing solar panels on their roofs. Unlike most other improvements to the pro...