Real Estate & Property Law

Who is Responsible for Assessment Debt After HOA or Condo Foreclosure?

Posted on March 28, 2011
I received an email asking a question about a former blog I did. Here it is - along with the clarification: "I recently read one of your blogs?and one thing wasn?t clear. Here is a copy of the Question and your Answer as it appeared: Q2: If the HOA does not record a lien for unpaid fees, and if there is a Trustee's Sale by the 1st mortgagee, do those unpaid HOA fees just evaporate forever and become a permanent loss to the HOA? Answer: No, again, the HOA can proceed against the owner...

May Board Members Accept Compensation in an HOA or Condo Association?

Posted on March 28, 2011
May directors receive compensation? Here is the question as posed to me: "I am a new Board member and I am having trouble with an interpretation that my Board President has provided us. It comes from an Attorney: The Bylaws state: No Director shall receive compensation for any service rendered to the association...

Can Anyone Bring in Homeowners Voting Packets to the Inspector?

Posted on March 28, 2011
Here is an email from someone who asks the question as to whether a board member can collect ballot packages from owners: "Hi Condo Guru, I am a current board member at a condo complex in _________, CA. We are currently in the process of voting for board members...

Coping With the HOA Elections Laws

Posted on March 16, 2011
Elections can be tough for HOAs under the elections laws that were passed and became effective in 2006. Adjournment of meetings is one thing that has its challenges. Why? Because establishing quorum can be confusing. Here is an email about one board's situation: "At our Annual Board of Election meeting we failed to make quorum...

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Must One Use Licensed Contractors in HOAs and Condos?

Posted on March 09, 2011
Here is a question about licensed contractors: "I have been told of a new law that prohibits HOA & condo associations from hiring non-licensed construction help ( I refuse to use the term 'Contractor' when referring to non-licensed people). Can you provide any details?" There is no law that dictates who an HOA or Condo board can hire...

Who Gets the Rights in an HOA or Condo When The Property is in A Trust?

Posted on March 09, 2011
Lots of associations are having problems collecting associations and also sorting out what rights may be exercised by whom when the HOA property or Condo is owned by a trust. The type of trust may have bearing but generally, the Trustee is considered to have control of the trust and would be considered the owner from the standpoint of making any decisions the owner would make involving the trust property...

Do HOA Owners Have To Clean Up Their Vehicle Spills?

Posted on February 26, 2011
Questions often arise about how much authority Boards have to require certain things from owners in a Condo or HOA. Here is one such question in an email from a reader: "Hey Beth - Thanks so much for your amazing site! Recently, we've asked homeowners in our California condo complex to fix vehicle leaks (oil, coolant, etc) in their cars parked in their designated garage spaces...

Timing For Elections for HOAs, Tips

Posted on February 25, 2011
Here is a nice email from a reader about election timing (and appreciation for my blogs!): "Brilliant articles: I have searched and searched. I can't seem to find the timing of holding an election. Our group is trying to establish rules and guidelines...

Should an HOA Delay an Update Project Because There Might Be A New Davis Stirling Act?

Posted on February 20, 2011
I recently received a question from an association board interested in amending, restating and updating their governing documents. This is what they said: "The committee & the Board has one major concern: The Davis-Stirling revision & its impact on the CC&Rs...

Need Help From Condo & HOA Insurance & Flooring Vendors!

Posted on February 16, 2011
Hey, it's my turn to ask some questions. Maybe there are some HOA or Condo vendors out there with the answers: INSURANCE GURUS? - Someone wrote in - they bought a unit in a 4 unit condo building at foreclosure. Now they cannot insure. The developer never set up an HOA and the bank that owns the property has no interest in setting up an HOA...

Owner Misconduct - How Does It Show Up?

Posted on February 12, 2011
Time to address rude behavior once again. I am getting lots of emails from directors and also from owners reporting really rude conduct. So I am reprinting 2 blogs done in 2007 related to rude and inappropriate conduct. Reprint of October 9, 2007 Blog ******************************************************************************************* I have written several blogs lately that are about Board conduct...

Is Board Misconduct Acceptable?

Posted on February 12, 2011
Recirculation of this 2007 email seems to be a good idea - since we are in some "mean times" these days and lots of people are short tempered. See also the concurrent recirculation of the email addressing misconduct by owners. Rude behavior does not seem to be mutually exclusive to one side or the other...

Can You Charge Someone in an HOA Extra For Being Rude?

Posted on February 10, 2011
Boards face rude owners every day somewhere in these United States. Owners who are indignant about their rights being abdicated (most use much more offensive language). And there is an owner somewhere in the U.S. being berated by an offensive board member for asking questions, or, should they dare, asking to see some HOA or Condo financial records...

Do You Have To Give Owners the Mailing List? How About the Email List?

Posted on February 08, 2011
With the interest in the internet and web as a source for finding answers, many HOA owners are becoming more informed, maybe even more inquisitive. Thus, owners are asking for more information from boards and if it is not forthcoming they want to communicate with owners...

Should Directors Report Individually to the Members of an HOA?

Posted on February 07, 2011
What happens when Directors decide on their own to communicate with owners in a newsletter without any effort to coordinate communications in a way that is comfortable for the Board? The following question (from a reader) is what happens: ?Is it appropriate or even legal for 2 of the board members (out of 7) to send out a "newsletter" to homeowners discussing the details of the board meeting? The minutes have not even been approved yet...

MAY AN HOA BOARD CHARGE FOR RUDENESS?

Posted on February 07, 2011
This is a good question. I believe there are many boards that get entrenched because of rude behavior by owners. There are ways to deal with rudeness other than charging the rude owner more than might be charged to a friend of a board member. Check out the recent blog on my other blogsite at www...

HOA BOARDS - DO YOU READ AND UNDERSTAND WHAT YOU ARE SIGNING?

Posted on February 07, 2011
QUESTION: "Our HOA has a landscaping contract that has been "auto renewed" for the past 10 years. Can they do that?" This question is important enough for both blogs so I am doing it on both of my blogs and on Twitter. The question came to me in an E- newsletter I got from Adrian Adams? firm in So...

HOA Liability for Accidents Outside the Association

Posted on January 29, 2011
Boards have to be vigilant because HOAs and Condo Associations and the Boards can be sued for failure to address safety and hazardous issues. Here is a question from a reader who insures associations in California: "I insure an association in Santa Barbara that has a problem with children riding bikes, skateboards, scooters, etc...

HOA CORPORATE STATUS ? UNRAVELED??-STITCH IT UP!!

Posted on January 29, 2011
I have been writing blogs on the subject of corporate status and recently wrote one called ?Check Your Corporate Status.? I got occasional email questions before ? now they are coming in from board members who find out and want to know what to do, and owners who have found out for various reasons (denied loans, denied FHA consideration, some transaction relate to their property gone awry, etc...

Check Your HOA Corporate Status!

Posted on January 17, 2011
Many association boards do not even have a clue about what "corporate status" means. When I get a new client, I ask for the governing documents and when I ask them to include the Articles of Incorporation I often get the response "what are those?" Then I explain that most HOAs are incorporated and they are the "charter" document for the corporation...

Are Managers' Reports Open to Inspection by Members?

Posted on January 08, 2011
I get all kinds of questions from readers. They are usually preceded by appreciative words. I appreciate the feedback. Here is an email from a reader about management reports, wondering if they are subject to owner inspection: "Fan of your website, my question is this: I remember reading that Association members can request a copy of the Managers Report contained within board packets for board meetings (sensitive information redacted of course)?" ****** This isn't exactly a question, but I get the gist...

Can You Prevent Proxies in HOA and Condo Elections?

Posted on January 01, 2011
Elections in HOAs and Condo Associations can be touchy. Proxies are one area of continuing dispute, concern and consternation. See the following email from a reader: "I am not sure if you respond to email questions, but here goes. Our HOA consists of 6 units, three owner occupied, three leased out...

Battling Condo Smokers and Noise

Posted on December 27, 2010
Ever had trouble with a neighbor? Ever had trouble with a tenant that causes problems. Read on... Question from a reader: "I have a single condo and rent it to a tenant that is battling with the owner above her. She smokes on her balcony (allowed by the HOA) and the smoke and her radio bother the owner above...

What Recourse for Denial of Records, Abuse of Power in an HOA?

Posted on December 27, 2010
When a board member, former board member, or owner asks to see HOA or Condo Association records, they get all kinds of answers from their boards and managers. Here's one: "A new board member told me recently I have no right to ask to see the financials because I am no longer a board member and have no right to see them...

Can an HOA Manager Be Sued? And What About Authority?

Posted on December 15, 2010
Here is a question from a reader about management and the proper role: "I have a question about delegation of authority to managers in HOAs. Our HOA never gets legal advice but delegates all/most matters to the manager. For example, if the manager writes a letters with illegal demands, or illegal threats, or accusations to a homeowner without proof, can the manager be sued? It is my understanding that the board would be legally liable, but they don't know all the answers...

Holiday Parties for Board Members - Are They Legal?

Posted on December 02, 2010
It's holiday time and the usual questions arise. Here is a good one from a reader: "Is it proper (legal under Davis Sterling or Corp Code) for B of D's to throw themselves a holiday party for directors and their guests? Does this not cross the line about directors not receiving "pay" for their services? At the very least should there not be a resolution that approved the expenditure of funds, which, after all, belong to the homeowners who are not invited to the party? Many homeowners would agree that the hard working directors deserve a party for the hundreds of hours they put in each year, but they resent the secrecy about it...

Special Assessments for Repairs and Maintenance in HOA or Condo

Posted on November 19, 2010
Here is a question I recently received from a reader: "In a condo situation are repairs and replacement legally the same enabling a Board to special assess without owner vote? Is 1 a cap. improvement and the other not? Thank you so much." Alot depends on what the governing documents say because they may define capital improvements in a limiting or expansive way that distinguishes them (or not) from reserve expenditures...

Emails in HOAs and Condos That Get To Be Too Much

Posted on November 11, 2010
I got this question recently via email: "Any ideas how to handle emails from board members that get to be too much." I am not exactly sure what is meant: Too many? Too strong? Too pointed? I can say this - people get carried away with email. It is an easy form of communication, but often misused...

How Many Board Members Does It Take To Pass a ???

Posted on November 05, 2010
Boards have considerable power in HOAS. They are elected officials. They are not always 100% in agreement, but perhaps a more pervasive and common problem is that not all of the board members are even interested in what is going on, or are independent thinkers...

Holding HOA Meetings On Time is Important

Posted on October 24, 2010
A reader recently wrote in and asked about what happens when the HOA meetings schedule gets all off kilter. Here is his email message: "Thank you for allowing me to subscribe to your newsletter. I am enjoying reading the articles. I do have one question...

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