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Real Estate & Property Law

California Condo & HOA Law

Information about legal issues for California condominiums and homeowner associations

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Last Entry: June 30, 2011 at 00:26:39

Water Damage - What Info Do You Have to Give Homeowner?

Posted on June 30, 2011
Boy, I owe a few blogs. That's what happens when you go on vacation - you get behind! Anyway, here goes another one (the question): "Due to some water damage, my management company has sent a number of different contactors out to do testing and repairs...

Are HOA Boards Required to Get 3 Bids?

Posted on June 30, 2011
Finally, someone who is kind enough to have a sense of humor about the "simple" question - read on: "A quick (that's what they all say!) question: Is there a civil code that covers the need for non-profit corporations to get multiple bids on major construction jobs?" I do not know of any law that requires a board to seek multiple bids on construction jobs for an HOA or Condo, or a non-profit for that matter...

Who Can Serve on the HOA Board - Only Owners?

Posted on June 12, 2011
The following is a variation of a common question relating to who can serve on the board of an HOA or Condo Association. "What are the rules in California regarding HOA Board members not being actual owners? If a woman owns the unit and it is recorded under her name, can her son who occupies the unit run for the Board? Thanks" The answer to this question will be found in the governing documents of the association, probably the Bylaws...

Does the HOA Budget Have to Be in Balance?

Posted on June 04, 2011
This may seem like a simple question with a simple answer. But it's a fiscally charged question: "I am a homeowner is a very large POA. I would like to know if it is a law that the POA budget has to be balanced." The real question is "what does the sender mean by balance?" In the budget of a for-profit corporation, the anticipated income and the anticipated expenses would be listed and hopefully (since it's a "for profit" corporation), subtracting the expenses from income would show an anticipated profit...

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My Condo Association Did Not Get FHA Approval - Can I sue them?

Posted on June 03, 2011
Question - can we sue an association that does not have FHA Approval. The answer: anyone can sue anyone for anything and whether there is any chance of success depends on whether the party being sued had a duty, breached it, that breach caused losses and the losses can be proved...

HOA-GRANDFATHER CLAUSES - WHAT ARE THEY? WHEN DO THEY HELP?

Posted on June 02, 2011
Some days I get emails and I have to wonder: "Is there something wrong with the sender ... or is there something wrong with the person they are talking to ... or is there some kind of miscommunication going on? Here is a scenario worth addressing which I received today from a reader: "For over a decade, our members have personalized the areas immediately adjacent to their front doors...

What Happens When an Owner's Employee is Injured in Common Area in an HOA?

Posted on May 22, 2011
I received an email with an interesting twist regarding liability for accidents that happen in a homeowners association common area and whether it matters who is injured. Here it is: "We've been working on restating our bylaws/CC&Rs, and an owner brought up an interesting question: If a unit owner's maid is injured in one of the common use area laundry rooms, who's responsible? The board believes that the owner should be responsible for their employee, but since many maids aren't payrolled employees, the issue becomes murky...

WHO VERIFIES CONTRACTOR INSURANCE FOR HOA / CONDO ASSOCIATION?

Posted on May 19, 2011
Here is a question that seems it should have a simple answer: "Who is responsible in verifying contractor?s insurance before they start working on a project? Is it the property management company or the board of directors of the HOA? How would I know as a homeowner that the construction company can cover damages if it occurs?" First answer: the board should make sure that the manager gets the proper declarations on file before a contract begins (and of course, the contract should clearly state all insurance requirements in all contracts so that if the contractor fails to provide it or loses coverage during the job - it is a breach of contract allowing the association to terminate the contract)...

Can Board Continue to Function Shorthanded?

Posted on May 10, 2011
I often get asked what happens when a director(s) resign(s) and the Board does not appoint anyone to fill the position. Here is the scenario presented (via a combination of emails): ** The last [election occcurred] in the spring of 2010. In the summer of 2010 the Vice President resigned...

Election Campaigning in HOAs and Condos - What's Allowed?

Posted on May 10, 2011
What's my take on election campaigns in homeowner associations and condo associations? Are there limits and restrictions? Here are some questions from an inquiring mind: "I'm writing to get your take on a situation at our HOA regarding a pending ballot to update the Governing Docs...

USE OF POOL BY THE "UNTRAINED"

Posted on May 06, 2011
Here is a question about use of the pool. Take note, summer is coming (or is it already here?). "The HOA is denying access to the pool for any "persons" who are not toilet trained. they took down the "no children in pool" sign, so i know its targeted towards kids...

NOISE, NOISE, NOISE, WHAT ARE YOU GONNA DO ABOUT IT?

Posted on April 23, 2011
I just wrote 3 blogs on issues of noise in condos, involving installation of jacuzzi tubs, hardwood and laminate floors, and trying to sell a condo with a pending noise transmission issue. Rather than repeat everything here, visit www.condolawguru.com and see what's up with noise issues! And don't forget that there is a Primer available in the webstore at www...

May Owners See Management Reports Prepared for the Board?

Posted on April 15, 2011
The blog below is a reprint from 2007 - the question has come up again as to whether owners are entitled to inspect the manager reports given to Directors at or before Board meetings. I get all kinds of questions from readers. They are usually preceded by appreciative words...

FHA CERTIFICATION - MUST CONDO BOARDS APPLY? RENEW?

Posted on April 07, 2011
Must boards of Condos apply for and keep up certification for FHA loans? Here is an email from a frustrated reader: "I have my condo for sale, and found out that our Homeowner's Association's FHA certification expired 12/31/2010. I have had two offers to purchase which need to be FHA...

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...

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...

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