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California Condo & HOA Law 
Information about legal issues for California condominiums and homeowner associations
Post Frequency: 0.6/day Last Entry: November 20, 2009 at 01:38:08 Recent Entries: 205
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The New Davis Stirling "Disclosure Index" for HOAs and Condos
Posted on November 20, 2009After putting out information about the new additions to the Davis Stirling Act for 2010, I got the following question: "We already include all items in the index in the year end disclosure packet. Are we now suppose to include the index along with all the disclosures beginning next year??" My first thought was "yes" - I mean, what is the purpose of the Index? The legislative summary of the bill says: "This bill would also require an association to distribute annually to its members a Disclosure Documents Index, as specified...
Approving HOA Meeting Minutes - What Is The Purpose? What About Timing?
Posted on November 18, 2009I often get questions about meeting minutes from owners and from board members. Sometimes it's "how can I get them" or "do they have to be sent to members"? An owner has a right to get copies of minuntes of HOA and CONDO membership meetings and open board meetings, even if they have not yet been approved as final...
Board Standards - Should HOAs Have Them?
Posted on November 16, 2009Board standards are certainly advisable, whether they are written or not. Here are some standards that were recommended by a homeowner reader of the blog: "Ideas for 'standards': 1. Follow the By-laws, or be subject to same $ penalty as HOs are when they violate, say, Vehical or Pool Rules...
DAVIS STIRLING or Davis Stirling, What is Fair in Hearings in HOAs and Condos?
Posted on November 13, 2009I continue to get questions relating to hearings, due process, notice, opportunity to confront witnesses, continuous fining, etc. and I will share some of these with you, and then will give my comments. Since this is such a pressing matter, I will post this information on both of my blogs, California HOA & Condo Law Blog and Condolawguru...
What Are The Changes to the Davis Stirling Act Coming in 2010?
Posted on November 09, 2009The legislative year is essentially over with regard to bills that will be signed, vetoed, die, or be resurrected uncharacteristically, at least as to changes in the Davis Stirling Act. There are some changes which have already been incorporated into THE DAVIS STIRLING ACT IN PLAIN ENGLISH, my best selling publication...
Why Do Judges Tend to Make Sorry Mediators for HOA and Condo Architectural and Enforcement Cases?
Posted on November 05, 2009Some days I pick up my coffee in the morning, got a call, and forget about everything I was planning to do, because the call triggers extreme disdain. This is one of those mornings. Imagine yourself in a mediation for which you have plunked down several thousand dollars to cover the cost of the mediator, the mediator's administrator, and your attorney...
What Do You Do When Your HOA or CONDO Docs Are Old & Crappy & Not Helpful?
Posted on November 04, 2009I just got a call this am from the manager of an association in SoCal. Question asked: "Our documents are very old and not helpful. We just got a request from an owner whose garage door broke and they want the board to fix it. The board looked at the docs and tried to interpret them...
Should HOA or Condo Board Communicate with Tenant or Owner?
Posted on November 03, 2009Here is a question I received from a tenant: "Is it normal for the HOA and Property Management company to send somewhat intimidating and ?threatening? notices of violation directly to the renter?" "Normal" is a moving target and not definable. I prefer to speak in terms like most, some, a few, etc, as relates to the way HOAs and Condos tend to act...
Developer Control in an HOA - When Does It End?
Posted on October 27, 2009Here is a question I received recently about developer control: "I am a home owner in a 2000+ home master planned community. There were only ### homes built before the original owners sold to a local developer. The new owners are not and have not been building anything additional for economic reasons...
Homeowners - Want Something Done by Your HOA or Condo Board?
Posted on October 22, 2009I have been getting quite a few emails lately from homeowners who want the board to do something specific that has a cost attached to it. Often there are a few owners that have banded together to accomplish something, only to be met with what seems to be a brick wall when they take their gripe to the Board...
What if the Property Manager is on the HOA or Condo Board?
Posted on October 19, 2009Here is a good question about "cross purposes". "Dear Beth, Can a homeowner be on the board and work for the property management company. and if not what can we do?" It's not against the law. In fact, for some HOAs and Condos it works well. The key is having a degree of separation...
Condo Law Guru - a new Blog for Owners in HOAs and Condos
Posted on October 14, 2009In my continuing effort to promote harmony through education about Condo and HOA laws and problem solving methods, I wanted to announce that I have started a new "Blog" that will cover issues most endemic to the questions of owners about Condo and HOA law...
CA Corporations - Watch Out For A "Demand" From the So-Called "Business Filing Division"
Posted on October 12, 2009Every year I fume when I get notices that come in the mail that look deceivingly like they come from the Secretary of State. Most recently, it was a letter asking me (well, I should say "threatening" me because it emphasized penalties for failure to comply) to file a corporate officer's statement for my law corporation...
Undesirable Neighbors in Condo or HOA - What Can 'Ya Do About It?
Posted on October 11, 2009Someone next door is bringing in the homeless - is that a problem with a solution? I get many questions about neighborhood issues. The rights of owners in a Condo or HOA are different than those in a subdivision without a homeowners association. There are more options in an HOA or Condo than the regular old subdivision - so there ...
Are Owners in an HOA or Condo Entitled to Hold an Election?
Posted on October 06, 2009Owners often get frustrated with their Board of Directors and want to put a measure of one kind or another in front of the owners. Is it legal for them to do so? In California law there is a process, and there may also be some language in the Bylaws or CC&Rs that allows it...
If You Sue Your HOA, Are You Suing Yourself?
Posted on October 06, 2009I received the following question the other day: "If a member of an association sues the association, is he suing himself? Looking for info on that if you could point me in the right direction. The HOA's documents say "each and every owner shall be liable for an assessment"...
Finding Out Names of Owners in an HOA-Condo Association
Posted on October 05, 2009There are a number of reasons any owner might want to know who their neighbors are and how to contact them. In Caliornia, owners are generally entitled to receive a membership list noting names and mailing addresses of owners under Civil Code Section 1365...
Is an HOA or Condo or Owner Responsible for A Tenant's Dog's Bite?
Posted on October 01, 2009A dog can be "man's best friend." It can also be "man's worst enemy." Vicious dogs are a menace to all that are within their reach. Unpredictable dogs are ... well ... unpredictable. There are 11 breeds of dogs that have been identified by some insurance companies as uninsurable...
Flying the US Flag in an HOA or Condo - What Is Acceptable?
Posted on October 01, 2009HOAs and CONDOs need to allow some flag flying because federal and state law don't allow complete prohibitions. However, neither federal nor state law requires approval of flag "displays". I received a recent question about bunting US flags (what will they think of next?)...
Online Banking - Some Protections for HOAs That Want It
Posted on September 29, 2009There are some HOAs and Condo Boards that use and very much like online banking. It provides considerable convenience, but should not be used for reserve fund accounts, especially in Caliornia where there is a requirement in the law for two signatures on reserve account drafts, checks, or withdrawals...
May a Board Endorse Candidates in an HOA Election?
Posted on September 26, 2009I get lots of questions about HOA elections. Here's one: "We have an election in process. Our Board president sent a mailing in which is endorsing 3 candidates of 12 nominees. Is there a law, civil perhaps, that prohibits an active Board members from doing so?" I don't know the regulations in other states but in California, there is a law that has some guidance related to endorsements by the Board, but not individual board members...
POOL DEMOLITION AND FILL - IS IT A GOOD IDEA
Posted on September 23, 2009I have been writing alot lately about pool demolition and fill as I just went through it myself and I get a lot of inquiries from HOAs about whether it is possible in an HOA. I just finished and sent out an E-Newsletter (available on the E-News Archives on my website soon)...
Sometimes You Can Get Around the Manager in an HOA
Posted on September 22, 2009Sometimes there is another way to get what you want in an HOA or Condo Association. Here's a question recently sent to me: "I was wondering if I am entitled to the name/owner listed on HOA documents of a home within the Association of which I am a member in good standing...
Hard Times Are Upon Us; But Have Faith; Things Will Get Better
Posted on September 20, 2009This post has nothing ... and everything ... to do with HOAs and Condos and financials and devastating losses, difficult times, etc. It is probably not what you would expect from an attorney (at least its not a 4 letter word); however, I like good surprises...
Online Banking for HOAs and Condos - Is it Legal?
Posted on September 15, 2009Many HOA and Condo boards want to know about online banking. Is it legal? Is it wise? Is it the wave of the future? Here is a recent question: "My question is, our newest director, who is also new to our building, is the treasurer. She has the purse right now, and is insisting that we amend our CC&Rs so that she can pay our bills online...
BARBECUE FIRES THAT START ON A CONDO DECK, AND BURN DOWN THE NEIGHBORHOOD
Posted on September 12, 2009Don't kid yourself. If you are one of the wooden structure Condo Associations in California that has not yet banned charcoal or large container propane barbecues from use on decks, you could be sorry. Here is a sample letter one owner wrote to the owners in their complex, and I find it accurate relating to a condo development in the Tahoe area, where the fire danger is high...
What Rights Does a "Significant Other" Have in an HOA or Condo Association?
Posted on September 12, 2009Here is the question sent to me. "Our Board is in dispute as to exactly what the rights are of an individual who has been named by an owner to be his/her ?Significant Other?. This ?Significant Other? is not married nor is an owner within the HOA. They do not cohabitate within or outside the HOA...
COLLECTING ASSESSMENTS, FUNDING BIG PROJECTS
Posted on September 10, 2009Many associations are having a difficult time trying to fund large projects because of delinquencies. This is not just indicative of California, but is happening in other states as well. Check out the recent posts at blogpost@condoassociation.com. An association wrote in that had 47% delinquencies...
How Do You Negotiate A Payment Plan For Your HOA Debt?
Posted on September 01, 2009The topic of the day for HOAs and Condo Associations is assessments, imposition, payment and collection and I may as well say distrust, frustration, anger, hopelessness, financial devastation, and eventual polarization of the parties. People in California are trying to walk away from the delinquencies, and getting the surprise of their lives when they find out the HOA or Condo Association is coming after them personally for the debt...
Bullies on the HOA or Condo Board - How Do You Beat That?
Posted on August 31, 2009I recently posted a blog on dealing with bullying owners who defended abusive and idiotic behavior by waiving the "Free Speech" flag in front of boards. (See August 12 blog on this.) What followed were some emails about abusive board members. Here is one: "We were wondering if you had any resources to deal with a board member that consistantly abuses his power...
SEX OFFENDER IN THE HOA / CONDO ASSOCIATION NEIGHBORHOOD - WHAT TO DO ...
Posted on August 29, 2009The question of sex offenders in the neighborhood is coming alive again. Not that it ever died. But with the discussions flying about of the release of California prisoners en masse, including sex offenders, the burning questions are coming to me. Here is a good one: "Our Board [officer] recently had [a relative of his] move onto his property...
To Foreclose or Not to Foreclose an HOA Property - That is the Question
Posted on August 29, 2009To foreclose or not to foreclose, that is the burning question these days for HOA and Condo Association boards. Moving in the direction of foreclosure used to be the way to get owners to pay delinquent assessments. I say "used to be" because people used to have equity in their homes, and the threat of foreclosure was a real threat...
EVALUATING VENDORS FOR HOAs and CONDO ASSOCIATIONS INCLUDING MANAGERS
Posted on August 26, 2009Should the HOAs and Condo Associations regularly evaluate vendors of the association, or just let them continue to serve until there are complaints or an uprising? Evaluations at least on an annual basis are as important, in my view, as choosing the right contractor in the first place...
Who Appoints Committees in HOAs & Condos & How Much Power Do They Get?
Posted on August 18, 2009Who appoints committees in an HOA or Condo Association? How much authority do they have - and can they spend association funds? I get asked these questions in various emails and have decided to answer the questions all in one. The authority for committees comes from the governing documents - first, and then if there is not anything in there, the law can be of help if the HOA or Condo Association is incorporated (and most in California are incorporated)...
I HAVE FREE SPEECH RIGHTS - The Saga of Bullies-Harassment-Embarrassment in HOAs and Condos
Posted on August 12, 2009There has been a lot in the news lately about the difficulties of "town hall" meetings set up to inform constituents about pending legislative issues. A "town hall" meeting can be a great forum to discuss issues and collect gems that help to discover problems, and solutions...
Does the Board Choose the Replacement for a Condo or HOA Director Who Resigns?
Posted on August 12, 2009When a board position becomes vacant, some boards would prefer to appoint board members to fill them and others would prefer to wait for or hold a special election to fill the position. In any situation, the person who fills the position of the director whose position is vacated is in there for the term of the board member they replace, and not a new term (unless the Board waited until the election and the "exited" (is that a word?) director's term is up as of that election...
That HOA or CONDO Attorney (Manager, Board Member, Neighbor, etc.) is a Rat!
Posted on August 08, 2009In the condo and HOA setting, I often hear something like this: That other attorney (person, board member, neighbor, etc.) is a rat. There is no way this is going to settle without a lawsuit. Are you an attorney that will "attack"? First of all, I will say that I am an attorney that will try and figure out the best way to resolve a legal (or practical, if that comes before me) problem for a client, and a lawsuit is never the "best" way...
Tootin' My Own Horn - About Condo and HOA Law Resources
Posted on August 06, 2009I do not like to toot my own horn ... it goes against the grain of a midwestern born and bred like me. And I hate spamming and spammers! If you want to get to know me better, I just recently broke into the world of Twitter and Facebook, mainly because I am doing a case study on my own practice and resource offerings using these social networking tools - so I can talk about it with experience behind me at the CAI law conference next January (I am on the agenda!)...
NOW LET'S BE FAIR - HOA AND CONDO BOARDS CAN BE IMPOSSIBLE TOO!
Posted on August 04, 2009You know what? Boards can be as difficult as owners! Sometimes an HOA board member will ask me, sometimes with an impatient or antagonistic tone: "So, you represent owners too, what's up with that?" What's up is that some Boards are as difficult, obnoxious, stubborn, and unreasonable as some owners...
ATTORNEY FEES IN AN HOA OR CONDO DISPUTE - WHO GETS THE $$?
Posted on July 28, 2009Here are two unusual questions about financing a lawsuit - and who is suing whom? Question 1: "I'm not sure what to do about my Board of Directors. In our Budget we have attorney fees listed in a column and should be accumulating and we do have a management company...
Landscape Noise in HOAs and Condos - Is It Negotiable?
Posted on July 28, 2009II have written alot about noise issues in condos and HOAs. Most involve hard surface floors, children, dogs and such. Here is a new one! From a reader: "I''m emailing now to mention a situation of my own that I've not seen you address, in case the topic is of interest to you or your readers...
Too Many Chiefs and Not Enough Indians in an HOA or Condo Association
Posted on July 27, 2009Here are a couple of innocent questions about "who's on first" (or, namely, on the Board). Question: " We have a small HOA Board consisting of three members at this moment, designated as the "Board of Directors." With a relatively small condominium complex in a small city, would it not be more appropriate to call ourselves the "HOA Committee" in lieu of "Board of Directors," which seems somewhat 'formal' in a way...
How Would You Like This Job (serving on the HOA or Condo Board)?
Posted on July 24, 2009I have to ask, how many Boards have lived with these kinds of problems that can go on and on and on and on, well, you get the picture. (From an actual reader, I don't have to make this stuff up!) It's time to say thanks to the folks who serve: "I have spent the better part of today searching the internet, which landed me on your website, The section which covered people who are "problems" was helpful...
Good Standing - Board Members - Dialogue Continued - for HOAs and Condos
Posted on July 24, 2009I did a blog essentially similar to this in October 2007 and republished it just before this blog. As I said in that text, there is quite a bit of misunderstanding about these terms ("good standing"), and when they can be asserted to prevent someone from serving on the board, and when they can be used to prevent an owner from participating in association elections...
The Saga on Fines in HOAs and Condos Continues ...
Posted on July 18, 2009It's time for more on fines. I receive a lot of inquiries and questions. Here's one ... (or two) .... "I have read your recent blog regarding fine hearings for "continuing violations" and whether hearings are required. I have a related question for which I would love to see a response on your blog...
REVISITING "GOOD STANDING" - WHY IS IT IMPORTANT?
Posted on July 13, 2009I did a blog essentially similar to this in October 2007. I was recently asked if a group could republish it. There is quite a bit of confusion and misunderstanding about these terms, and when they can be asserted to prevent someone from serving on the board, and when they can be used to prevent an owner from participating in association elections...
Why Do So Many HOA and Condo Association Mediations Fail?
Posted on July 05, 2009Mediation seems to me the perfect way to resolve HOA and Condo Association disputes, whether the parties are the HOA and an owner, or two or more owners, or the Condo Association and a vendor, or all of the above. The forum provides a perfect opportunity for all parties to keep control of the dispute and where it goes...
HOA and CONDO Meetings - Is an Agenda a Requirement?
Posted on June 25, 2009Alot of people have questions about HOA and Condo meetings, what is required, how can owners participate, is an agenda a requirement, how much power should management have, etc. I am tackling some of the questions I have received recently about meetings in this and some companion blogs...
HOA and CONDO Board Meetings-May Members Participate?
Posted on June 25, 2009Ctd. from an earlier blog ... Pt II Alot of people have questions about HOA and Condo meetings, what is required, how can owners participate, is an agenda a requirement, how much power should management have, etc. I am tackling some of the questions I have received recently about meetings in this and some companion blogs...
HOA / CONDO - Questions On Soliciting Nominees and Filling Positions
Posted on June 23, 2009Here are some questions I recently received about soliciting nominees, qualifications, and filling positions: Soliciting Candidates "Is it written in the law or is it simply a recommendation, that a written solicitation be mailed to the owners at least 30-60 days prior to sending out the ballots?" Answer: There is nothing in the law that requires sending out a solicitation letter to the members; however, my position would be that it is in line with having a fair election...
HOA / CONDO Association Rules Violations & Due Process - The Continuing Debate
Posted on June 17, 2009There is a continuing debate going on about HOA and Condo Association hearings. And it is an interesting one. Debate is healthy. It stirs interest in a topic. The point under discussion: what is required of a board to address a situation where there is a continuing or recurring (someone wrote and asked me to stop using re-occurring which is fine with me) violation of the rules? And what is the difference between continuing and recurring? I think we all agree that continuing means something that goes on day to day without changing, such as a paint color or vehicle parked without being moved...
Must an HOA or Condo Board Allow "The Accused" to Confront Witnesses?
Posted on June 16, 2009As part of a series on hearings (see E-Newsletter for June on the subject of whether multiple hearings are required for continuing or re-occurring fines - in the E-news Archives at http://www.californiacondoguru.com), I thought I would write about my opinion on whether owners subject to disciplinary action have the right to "confront witnesses"...
WHOM AND HOW MAY AN HOA OR CONDO OWNER CONTACT THE BOARD? VENDORS?
Posted on June 16, 2009Here are a couple of questions that came in recently, a bit unusual as the questions go, but pertinent: Can by law a home owner in a condo complex get in touch with a board of directors member thru email ? There is no law on this. Boards are not required to accept or respond to emails, so if the Association policy is to communicate otherwise, such as coming to a meeting and addressing the Board during homeowner forum time, or the old fashioned "write a letter" method, I would suggest following it...
SHOULD HOA BOARDS LET OWNERS KNOW WHO IS BEING FORECLOSED?
Posted on June 10, 2009I have written a lot about foreclosures, bankruptcies and delinquencies and know they have put a lot of strain on homeowner associations and everyone associated including the "dues-paying" owners and all HOA vendors. I have received an email that I believe deserves answering, although you may not agree with my answer - and you are certainly entitled to your own opinion...
HOA and CONDO Disciplinary Hearings - Which is Best? Open or Closed Sessions?
Posted on June 01, 2009While we are on the subject of enforcement (did you see the last post on fines?) there are other prickly issues to consider. We were talking about the California Civil Code section that speaks to what matters can be heard in executive session ... and disciplinary actions are included (see Civil Code Section 1363...
HOA and CONDO Association Fines -How Many Hearings Are Required!
Posted on May 31, 2009In case you missed it, there has been a discussion on the website of a colleague about what is required with regard to fine hearings. Question: is there a hearing required every time that a fine is being considered for a violation of the rules or other governing documents? Some legal practitioners (firm of Adrian Adams, see www...
Does and HOA or Condo Owner Have To Pay Assessments Even If Their Home is Foreclosed?
Posted on May 29, 2009I get this question at least two or three times a week. Question: I'm not sure if I need an attorney. My condo was recently foreclosed. Now I have received a complaint from my HOA for dues that I did not pay before my condo was foreclosed. I thought they would take the money that I owed through the foreclosure, but I guess they never opted to get their money through the foreclosure proceedings...
CONDO DIRECTOR ON THE CHAT LINE - DOES THAT MEAN TROUBLE??
Posted on May 26, 2009Lots of people want to know whether owner "chat lines" are a good idea. They can be. It is nice to have a way that homeowners can communicate ideas, questions, etc. ... at least in theory. The downside is that many people forego proper web or internet etiquite, forget their manners, whack off a message without thinking about it before hitting send, develop a contrary persona behind the shield of the computer, and/or fail to think before acting, and sometimes a chat line can become a really toxic, devisive thing for a homeowners association...
Earthquake Retrofit Information - A Great Resource
Posted on May 19, 2009Many associations and owners read the articles on my website that relate to earthquake insurance and can see that I believe the insurance is very important and that if a board is considering dropping it, doing due diligence with regard to all options and presenting owners with proper information is really critical...
Posting HOA or CONDO Meeting Minutes on an Open Website - Why Not?
Posted on May 13, 2009In a recent message a very astute Board member asked me the question that follows about meeting minutes. The Board and manager were at odds about posting board and membership meeting minutes on the HOA website that was not password protected (not because of legal advice but because of cost savings)...
CHOOSING AN INTERNET MARKETING SPECIALIST
Posted on May 12, 2009This is a little off topic of HOAs per se but meant for all, including vendors who serve HOAs and Condo Associations. I do not tout many vendors or products through the website or this blog and especially avoid "vending" for people with whom I do not have specific working experience...
Charging Owners For Repairs - What is Protocol?
Posted on May 12, 2009When may an association charge owners for repairs? A recent question that came through on email related to an owner who had received a bill for some work done on the outside of his home, which I presume is in a condo development. This is the question: "My condo association has sent me a bill for supposed repairs damage done to the stucco outside our garage...
Work Parties - Workers Compensation Coverage - Is It Necessary?
Posted on May 09, 2009Questions often arise for Boards about workers compensation insurance. Should a board purchase it for the association even if there are no employees; does it cover board members who are running errands or doing any physical jobs for the association, does it cover work committees, does it protect the HOA when someone is hurt on the job working any construction project? I have been providing some thought provoking articles about ways to save money these days, and some of the discussions involve work parties and a discussion of the risks...
Looking For a New Manager? ECHO To The Rescue!
Posted on May 06, 2009I am going to write a few blogs on finding a manager, starting right here and now. Here is the trigger question for this quest: "I would like to have the management contract put out for competitive bid. But I do not know how to even start going about doing this...
More on Hardwood Floors/Allergies/Intolerable Noise
Posted on May 06, 2009Some days questions come in that make me take pause as there is no easy resolution. Here is one that recently came in: "We have a section in our CC&Rs that state that no unit can install hard-floor coverings when they live above a unit, and/or make alterations that will increase the sound transmission from one unit to another...
CHOOSING A VENDOR FOR AN HOA - INCLUDING MANAGEMENT
Posted on May 06, 2009Boy, is this a great subject. A question from a reader about how the process works to choose a manager or get the board to put contracts out to bid caused me to do some research and talk to some friends in the "biz" and I came across a GREAT blog article on the subject which can be found on the same site that hosts my blog, namely, communityassociations...
What Are Some Options for Struggling Boards and Homeowners?
Posted on April 23, 2009In my last blog I had to pass on some discouraging information about the options HOAs and Condo Associations have with regard to collection of assessments. It's discouraging for the owners of course because owners tend to think they may be able to just "walk away" from the assessment obligations...
What If I Can't Afford To Pay My Assessments? What Can Happen?
Posted on April 15, 2009This is a question I am hearing way too often these days. These are truly desperate times. On the HOA and Condo side, and on the individual owner's side. Question: I am strapped with expenses and can barely manage my mortgage, what will happen if I don?t have monies to pay my HOA dues? Answer: The likely answer (as always, it depends on what the HOA or Condo documents say of course), is that the Board can probably initiate foreclosure (judicial or nonjudicial), or sue the owner responsible for the assessments personally - for the unpaid assessments and collection costs which will be substantial if the collection matter is protracted...
What Happens When Members Vote Down A Proposed Special Assessment?
Posted on April 09, 2009Here is a question an owner in an HOA sent recently. The Board of the HOA proposed a special assessment, and the owners did not approve it. The owner wanted to know what happens now. Read on... "I just found your website today and it is great. I was just wondering if you know of any articles related to what happens when an HOA votes down a special assessment that is needed to pay off debts and reserves are unable to pay due to bankruptcy shortages and other shortfalls...
Small HOAs and CONDOs - What Are The Options Legislatively and Otherwise?
Posted on April 09, 2009"Small" HOAs and Condo Associations - Maybe we should be talking about the differences between ultra small (10 and under) and small (25 and under, as NL says, or 50 and under as the CLRC says) associations - because there are some considerable differences...
A FLAG FLYING STORY WITH A GOOD ENDING
Posted on April 02, 2009I don't know about you, but I like a flag flying story with a good ending. So many times, people take a "no win" position and stand firm to the "end", which usually is not good. A reader sent me this email and I am always gratified when the information I publish helps to resolve a delicate situation (or an indelicate one!)...
IRS RULING 70-604 - WHAT IS IT?
Posted on March 26, 2009I am not a tax attorney. I am not a CPA. I will state that right off. However, it is my belief from everything I have read and heard about including the ruling that this is an important ruling, and HOAs and Condo Associations that file as same need to put an election to the members each year to vote on what to do about this resolution...
HOAS & CONDOS - SHOULD THEY HAVE FIDELITY BOND INSURANCE?
Posted on March 19, 2009I get questions all the time about whether an HOA or a Condo Association must have fidelity bond insurance. The answer is: not unless the governing documents require it! There is no legal requirement in California that requires the boards to procure it...
TURNOVER OF RECORDS AND MANAGEMENT
Posted on March 16, 2009Questions about management turnover come up all the time. HOA boards get frustrated with HOA or condo management in various ways. Sometimes the board of the HOA or condo association created the merciless swirling and scary "eddy" and everyone goes down together...
For Every Problem, There is a Solution
Posted on March 12, 2009What do you do when you discover a problem in an HOA or Condo Association? It could a conflict in the documents or an inconsistency in HOA or Condo Association practices, it could be a law that was broken that a board knew about or did not; it could be just about anything...
How Do You Diffuse the Power of A Director Who is Misusing it?
Posted on March 10, 2009I have seen documents called a "Code of Conduct" or "Code of Ethics" for HOA and Condo Association directors and I have crafted my own, from those ideas and through my own experiences. I want to share my document and believe if more HOAs and Condo Associations used it, more board members would have a sense of what is expected of them...
DOES TAKING SECURITY MEASURES INCREASE RISK TO HOA or Condo Association?
Posted on February 26, 2009Since we are on the issue of security, I have heard from some readers about it. This, received today: "Some years ago, our board discussed the possibility of putting security cameras in the garages (we are stacked units with gated garages underneath)...
The Need for Security vs. The Desire for Privacy - Which Wins?
Posted on February 25, 2009Security Cameras, Can They Be A Breach of Privacy? Here is an interesting contradiction sent in by a reader: "I am currently on the "Security Committee" of my Condo Association. We are in the process of looking for way to make the complex safer for those who live here...
Board Code of Conduct ... or ... Commitment To Good Service
Posted on February 24, 2009I have seen documents called a "Code of Conduct" or "Code of Ethics" for HOA and Condo Association directors and I have crafted my own, from those ideas and through my own experiences. I want to share my document and believe if more HOAs and Condo Associations used it, more board members would have a sense of what is expected of them...
Managers Recommending Contractors - Is it Kosher?
Posted on February 23, 2009As a followup to a very recent blog, another possible issue has been raised by some boards and owners that I should discuss. Some management companies own maintenance companies and some have their own affiliations with maintenance and construction contractors, landscapers and the like...
Is It Okay For Managers To Recommend Contractors to Homeowners?
Posted on February 21, 2009I just attended one of the biggest events in California for managers, the CACM Expo in Oakland. While there, I polled many managers and asked the question, "what do managers want to know?" I was asking for questions for the blog, as I find homeowners and board members tend to pose more questions than managers...
HOAs and Workers Compensation Insurance
Posted on February 16, 2009Some confusion has apparently arisen about worker's compensation insurance and requirements under the law. I have written articles about the good and common sense rationale of having it, even if an HOA does not have employees per se, because it adds protection for HOAs and managers who might be caught in a position of having hired a contractor, having received proof of insurance, and having found out that the insurance either expired or was never purchased...
CC&Rs and Rules Conflict, What Controls?
Posted on February 14, 2009Lots of people wonder about how to set HOA rules, and others wonder about other rule-related things, like this reader who sent this email: "I'm sure you can provide clarification for me...Our HOA CC&Rs and Rules and Regulations differ over the same issue...
Notice of HOA Meetings: 4 Days or 96 Hours - What Does it Mean?
Posted on February 13, 2009What is the notice requirement for HOA open Board meetings in California? Boards must post notice or get it to homeowners (various forms allowed by Civil Code Section 1363.05 which you can look up on my webstite at http://www.californiacondoguru.com on the Resource Page/Davis Stirling Act) at least 4 days before the meeting...
Collections in HOAs - What is Working?
Posted on February 10, 2009I was recently at the National CAI Law Conference in Palm Springs where hundreds of HOA attorneys from across the country attended classes and brainstormed about HOA problems. Guess what the prevailing issues were for everyone - how to keep the HOAs, the members, the vendors and selves afloat during these tough times...
Assessment Increases - Aggregate Limits
Posted on February 06, 2009The question of the day, this day, is: "Is there a clear basis for applying the '20%' increase-limit (stipulated in CC 1366[b]) to the Association's budget (assessment income) as a WHOLE, rather than to any INDIVIDUAL's assessment?" In other words, is the 20% limit on increases a limit on the total assessment for everyone, or each individual assessment...
Solar Energy - What Are The Trade-Offs? What Do You Need to Know?
Posted on February 06, 2009In today?s world, owners are, by their own initiative, seeking to be environmentally conscious. Outside clothes drying is coming back strong (we already talked about this in a separate blog). Solar installations are in vogue. One can place anything on their own home or in their own yard, but be careful if you are in a development where architectural approval is needed for changes to the exteriors of the buildings or erection of things on the roof or common area or other areas...
The Questions About EQ Insurance Never Stop Coming!
Posted on February 02, 2009I get quite a few emails from people who are frustrated, about this ... about that ... about the other .... and especially about earthquake insurance. Some say: " I can't believe our board is spending $@!$%!*& on earthquake insurance. If there's a big one, everyone is going down together anyway, so why not use the money for something with a reward!" Others say: "I have been speaking with my neighbors and we cannot believe that the Board has dropped the EQ insurance on our homes...
DOES A CONDO COMPLEX HAVE TO HAVE A BOARD?
Posted on January 28, 2009The following is a question I received recently. "Does a condo complex have to have a board? Why can't we just abolish the board and simply hire a property manager as apartment complexes do? Where can I find info about this concept?" A COA (Condo Owners Association) - and the same applies to an HOA (Homeowners Association) can decide collectively that it wants to do away with a board but I would not recommend it...
Smoking in HOAs - Is it a Fundamental Right?
Posted on January 27, 2009Smoking, should we feel sorry for the smokers, or those who have to smell it? Many want to know if HOAs can ban smoking in common areas, exclusive use common areas (like balconies and patios), or in units. There are more decisions coming down all over the US on smoking, and the ones I have seen are not in favor of the smokers...
HOA Disclosure of Delinquent Accounts - Is It A Breach Of Privacy?
Posted on January 27, 2009I got a phone call in the office the other day. The person on the other end just said (no hello, how are ya, I am, or I have a question): "Is it a breach of privacy to disclose a homeowner's debt?" I was on my way out to a meeting so I said, "It can be, I'm on my way out to a meeting, sorry, you can call back tomorrow if you want a consultation," and hung up...
Tough Choices for HOAs - Is Tough Love in Order?
Posted on January 18, 2009I recently sent out an E-news (free signup on my website) about the tough choices HOAs have today considering the assessment income dilemmas many have faced due to the foreclosure crisis. You can see this E-news archived on my website at http://www.californiacondoguru...
Can You Go Door To Door and Collect Ballots in an HOA?
Posted on January 14, 2009There is a lot of confusion these days about how/whether anyone can go door to door and collect anything from owners which would enable them to vote on behalf of the owners in an HOA election. Remember the "olden" days when people who had a cause for or against a measure proposed by the Board or who wanted to get elected ...
How Many Votes Does An Owner Get For A Board Election?
Posted on January 08, 2009Here is a very common question, that seems simple to me, but is not clearly understood by the average person in an HOA (sent by a reader): "We have three Board of Directors positions coming available at our annual meeting in February (President, Vice President/Secretary and Treasurer)...
Elections Rules Questions - The Continuing Saga
Posted on January 07, 2009Here are some recent questions on elections: "Our HOA has an election coming up and still has not adopted election rules. Does this mean we do it the 'old way'?" Answer: The "old way" still works for some elections, but most are governed now by Civil Code Section 1363...
SPA NOISE - WHAT IS REASONABLE!!
Posted on January 05, 2009Having to endure noise from the neighbors? The pre-eminent question is: "What is reasonable noise and what is not?" I like the "take it to the judge rule" using the small claims forum, if you cannot get any relief in working with the neighbor. However, there are steps that should be tried, first...
FORECLOSURE, BANKRUPTCY, HOW DO WE COLLECT HOA FEES??
Posted on January 02, 2009It's 2009, and I am still ready to answer the hard questions. To be sure, HOAs had a hard time this past year collecting assessments with so many economic woes, foreclosures and bankruptcies (and its likely to continue). I have written on the subject of assessments time and again and done all that I can think of to help the HOAs figure out the best way to proceed in these though times...
Time To Sharpen the Saw!
Posted on January 01, 2009I am sure you all enjoyed the holidays may have commenced the web surfing for information. I wish you all the very best of everything in 2009. Life probably won't get alot easier, however, here is something to remember. You can have a good attitude, or you can have a bad attitude, it takes the same amount of energy to achieve either...
TERMINATING AN HOA IN CALIFORNIA, HOW HARD IS IT?
Posted on December 28, 2008Many people ask about terminating an HOA. Often, it's because the owner is tired of the Board, or upset with what the Board is doing, but they do not want the job. Newsflash! If there is no HOA board then there are likely to be problems in getting the money needed to maintain the property that is owned in common or by the HOA, which caused the development to be set up as a "common interest development" in the first place...
THE MOST IMPORTANT THINGS YOU NEED TO KNOW ABOUT BANKRUPTCY
Posted on December 26, 2008I am in the process of working on a Primer that tells readers what to expect when a homeowner account goes into bankruptcy and the HOA is trying (hoping, pleading, whining, threatening, etc.) to collect the outstanding assessments. But I told a reader who is anxious for some information right away (because she is on a board and a homeowner account went to bankruptcy) I would write a brief blog on what is critical...
Who Can Serve On The Board? Wife/Husband? Brother/Sister? Convict? Minor?
Posted on December 14, 2008Who Can Serve On The Board? Wife/Husband? Brother/Sister? Convict? Minor? Someone by Proxy? Someone by Power of Attorney? The HOA Landscape Company Owner? the HOA manager? the developer? The local dogcatcher? The Governor? A Board Member who owes the association back dues? An undocumented or illegal alien? A husband or wife not on title? This question seems to be coming up alot lately...
MAY AN HOA BOARD OPEN A CREDIT CARD ... WHAT IF THEY TAKE THE STUFF?
Posted on December 14, 2008Lots of HOAs have credit cards - and they use them to allow board members, maintenance personnel and landscape people, etc to purchase things for the HOA. Some HOAs purchase or pay for cell phone minutes so that Board members can communicate, in HOAs where the Board members do not live on site...
RIGHTS AND RESPONSIBILITIES
Posted on December 10, 2008Sometimes an HOA Board forgets that homeowners have rights too, and sometimes homeowners forget that along with the rights come some responsibilities. This message from CAI (Community Associations Institite) sent out recently is a reminder that if the persons sitting on both sides of the table have a better understanding of each (the rights and responsibilities each has), the community will function more effectively and efficiently...
HARD SURFACE FLOORS - NOISE ISSUES - THINGS NEVER STAY THE SAME
Posted on November 28, 2008People send me complaints and also proposesd solutions. Consider the following emails: "I found you articles on noise interesting. The noise issue has been taken to such an extreme by our HOA that it requires all architectural change application regardless the amount of noise level it might create to be pre-approved by neighbors...
HOA Management, What Designation is Acceptable?
Posted on November 24, 2008People gravitate to my site for all kinds of reasons. I get a lot of email questions about what it takes to be CID (common interest development) manager, and complaints about managers acting badly, or not knowing what they are doing (at least in the eyes of the beholder - the owner who sent the email)...
Termite Repairs in California - Who Repairs the Property Damaged to Get To Them?
Posted on November 23, 2008Termites issues come up all the time. A reader recently sent me a long involved story of the situation in his condo association. I cannot answer long and involved emails, or, for that matter, any emails that ask for information specific to a particular person or association's situation, because that would be giving legal advice without the important step of interviewing a client...
Small Claims Court - What Can One Accomplish There?
Posted on November 23, 2008A reader recently sent this question: "What legal scope would you see small claims handling with HOA laws. I read they would defend new election laws ensuring secret ballot. Would you think any subject that is clearly defined in the Civil Code? Special Assessment maxes, monthly assessmet increase? This is one of the few the Governor signed!" The Small Claims courts are unpredictable but I believe they for the most part try to follow the law...
Raiding Reserves - Capital Improvements - What's What?
Posted on November 17, 2008Here is a recent, and not unusual, question about spending reserve monies: "This year the new board approved $________ for [several] projects considered "additional work" and maintaining the [______] of the property. There were no hearings on any and in most cases, done without member knowledge of our expense...
Posting of Minutes, Is It Required in California?
Posted on November 17, 2008The following is a simple question that was sent to me recently. "Do Hoa's in Bakersfield, California have to post in public the minutes from regular monthly meetings, including Executive sessions minute so that the homeowners can view them?" The answer is that HOAs in California are not required to post minutes of meetings so that the owners can view them...
WHAT IS WRONG WITH THIS [HOA ELECTION] PICTURE?
Posted on November 13, 2008I receive a lot of comments from readers similar to this: "Thank you so very much for your very informative and helpful website! I never knew there were attorneys specifically well-versed in HOA law, but I am certainly glad there are! Thanks to your website, I feel I have cause to approach my Board to conduct more fair elections and other voting measures...
Guest Parking - Can the HOA Give It To Owners?
Posted on November 09, 2008This question about guest parking comes up all the time - may the HOA assign guest parking for owner use, or even allow owners to use it at all, on a first come, first served basis? If the governing documents say that common area parking is for guest use, it is best to resolve that issue by amending the documents, before opening up the parking to residents...
Volunteer Board Members -Should They Receive Compensation?
Posted on November 04, 2008A recent common question: "What specific information can you provide on the topic of Volunteer Board Members serving [HOAs], namely compensation for well defined work NOT related to their duties as a Board Member?" Most HOA docs in California prohibit compensating Board members, allowing only for reimbursement for expenses incurred in serving the HOA...
DISPOSING OF ABANDONED PROPERTY
Posted on November 01, 2008Here is a recent question that is a little different: "We have sent emails, posted notices with photos for over a month about bikes in our garage. We are down to 5 unclaimed bikes. Is there any law preventing us from giving away these bikes to whomever we wish?" There is not a law to address this specific situation in an HOA that I know about...
Assessment Collection in Today's Economy
Posted on October 28, 2008"Question posed recently - we seem to have a lot of trouble collecting assessments these days. What can we do to protect ourselves as an HOA?" Tighten Up ...... Tighten Your Belt Tighten Up on Collections Processes - Make sure you have good policies in place - legal and tight (meaning timelines) so that you can get a lien on a delinquent property at the earliest possible moment...
Tough Lessons of 2008 - What We Have (or Should Have) Learned
Posted on October 22, 2008Life is one big balancing act. Risk vs. Return Brokerage Accounts for HOAs Go for higher return .... and "Go For Broke"? Or invest conservatively. Question posed: "Our Board invests all HOA money in brokerage accounts. One of the Board members is a financial advisor...
What Happens When The Board Becomes a NonFunctioning Entity?
Posted on October 13, 2008That's a good question. Sometimes, nothing ..... for a long period of time, until the automatic pilot on the ship runs it aground, or into an iceberg. Then, the domino effect of problems begins. I received this email recently from a very frustrated reader, who is not alone: "I'm a homeowner in planned development that is governed by a HOA...
POLITICAL SIGNS - YAY ... OR NAY???
Posted on October 03, 2008This came in via email recently (and no surprise, given the wild election times in US politics): "Political Signs - my HOA won't let me have one, ... what do you have to say about that, Ms. Grimm!" Here is what I say about it in my book, THE DAVIS STIRLING ACT IN PLAIN ENGLISH (available at http://www...
GOVERNOR BUSY AT WORK VETO-ING 2008 HOA BILLS
Posted on September 30, 2008I wish I could say I got up early this morning and checked the legislative update pages to see what bills of interest to HOAs have been signed by the Governor and which have been vetoed. But I did not have time; I wanted coffee first! Then, low and behold, my friend Mike Gartzke, a CPA in Goleta who as a volunteer heads The South Coast Homeowners Association (a group that educates boards and homeowners on the Central Coast) answered my prayers...
COMPLAINT ABOUT HOA BOARD MEMBERS - SHOULD WE?
Posted on September 26, 2008Maybe you have faced this dilemma (from a reader): "We are a very small association. Neighbors to a board member would like to file a complaint against that board member for various reasons. ... How can we do this without the involvement of the Board member who is the problem? We are afraid this board member will get special treatment and nothing will be resolved...
Security Lighting - How Important is It?
Posted on September 20, 2008This question was passed to me at a seminar today and it is on an important topic. "I am a single middle aged woman and live alone. The walkways leading to my unit are quite dark, and I feel that more lighting is needed. I do not feel safe at night walking to my unit...
May A Board Decide To Add A Capital Improvement Without Seeking Owner Approval?
Posted on September 15, 2008I love it when I get really good meaty questions from readers that, when answered, can help others. This is a good one that works: FROM A READER: "So here is the question. Can an association randomly just add something to reserves and then build it...
Reroofing Next Year? Look for Energy Efficient Requirements
Posted on September 12, 20082009 will be rung in with some new energy efficiency requirements including changes in California Building Regulations (Title 24). The California state website is a wealth of information about everything California and references below will point to it...
BOARD DECISIONS ON MAINTENANCE - AFTER RITTER V. CHURCHILL CONDO ASSN.
Posted on September 10, 2008What Criteria is Important As Evidenced in Ritter vs. Churchill Condominium Association? This recent appellate court decision in California raises some interesting quandaries and (unless appealed and some things change) for HOA Boards and HOA members...
If You Send Unsolicited Materials - Beware of Shredding!
Posted on September 10, 2008I receive lots of calls, as I have said before, from people who "just have a simple question" and I receive files in the mail sometimes, unsolicited, with notes attached like "just wanted your take on these" or "Want to weigh in?" The answer is no, I do not want to "weigh in" or read unsolicited case materials...
There Can Be A Silver Lining ... With "Due Diligence" and Some Effort.
Posted on September 07, 2008In case there are any of you out there that are frustrated and do not think you can make a difference in your HOA, read this - its a note from a reader. Subj: Work in Progress but I can see the Silver Lining Dear Beth, The information I obtained from your website was invaluable...
PRIVATE INFORMATION, WHY CAN THEY HAVE MINE? AND NOT GIVE THEIRS?
Posted on August 30, 2008Few people these days want to give out personal information. It is no different in HOAs. For California HOAs, the Board does have access to names and addresses of owners and they get this information through whatever proof of ownership a new owner provides...
FINES - AN ILLUSORY REMEDY FOR HOAs?
Posted on August 22, 2008"Illusory" - it means maybe-not-real (although you won't find that definition in the dictionary). The question is: are fines really a viable remedy for HOAs? What if people do not pay them. Ho hum. If had a nickel for everytime that I heard a board member say: "Why fine, they don't pay them...
AT WHAT POINT IS AN HOA MEETING INVALID BECAUSE OF ERRORS?
Posted on August 19, 2008What do you think happens when a California HOA screws something up in the election process after Civil Code Section 1363.03? That's a good question. Some assume that the election is void (automatically invalidated). Others believe it's no big deal, unless someone challenges the election ...
RULE SETTING - WHAT RULES ARE RIGHT and REASONABLE?
Posted on August 09, 2008Board members and owners in homeowner associations (HOA)s commonly have questions and concerns about setting rules to live by. Parking is one area of considerable consternation. People, pets, and pools are just a few others. In this blog, I will use parking as the example for rule setting considerations...
At What Point Does the HOA Board Start Assessing Members for Foreclosure Losses?
Posted on August 08, 2008Professionals in this industry are bouncing around ideas as to how to deal with the issues related to foreclosures. This is just one of those issues. When a percentage of members of any HOA, whether 1% or 10%, lose their homes to foreclosure or "walk away, it leaves the rest of the homeowners "holding the bag"...
HARDWOOD FLOORS - CREATING A NIGHTMARE ALL OVER CALIFORNIA
Posted on August 02, 2008This subject crosses over into so many areas in HOAs that I just added it to several categories: enforcement, neighbor-to-neighbor issues, board frustration, owner frustration, legal issues, general CID issues, etc., etc. Here are a bunch of sorry stories sent to me via email and notice the twists: FROM BOARD MEMBER/OWNER: I am the _________of the ________HOA in _______...
Uninsured HOA Funds - Who Pays For the Losses?
Posted on August 01, 2008An interesting question came up at a legal resource panel this morning. Hopefully most everyone knows that many D&O policies for Boards of HOAs carry an exclusion of coverage for failure to insure, meaning, for example, that if an HOA fails to carry earthquake insurance and the Board or HOA is sued by someone who bears a loss because of that failure, the D&O Insurance would likely decline to provide a defense for the Board or HOA, or coverage for damages...
BOARD LESSON NO. 1 - CHOOSE APPROPRIATE COMMITTEE MEMBERS
Posted on July 31, 2008Sometimes I cannot wait to get my fingers to the keyboard and send a blog. I see and hear so many mistakes (fixing mistakes is after all one of the facets of my business), and am always anxious to pass on helpful information to Boards and owners in common interest developments in California...
Board Lesson No. 2 - Do It Today, Do Not Wait Until a Crisis Time
Posted on July 31, 2008Here is my second lesson in the series. Boards, practice proactive tactics when something comes up that tells you trouble may be broiling. Scuttlebut or rumor mills are not good for much other than an indication that BAD OR MIS-INFORMATION may be being passed around and CONJUECTURE may be at work...
AFFORDABLE HOUSING ... BMR UNITS ... WHAT IS THE ANSWER?
Posted on July 30, 2008I have been writing about the problems owners of BMR (Below Market Rate) units experience when the majority of owners want to upgrade or when rehabilitation of the condo building is needed and it takes a large special assessment. I worked with a BMR owner for about a year trying to find solutions - communicating with the Association representatives and City representatives, to no avail...
Getting Belligerent Gets You Nowhere
Posted on July 30, 2008I had a call this morning (I get a lot of calls from people wanting to ask "a simple question"). This one was particularly idiotic. Maybe you have been guilty of making a similar call. Owners call all the time and want to know if they can "do something"...
One Remedy For Really Bad Neighbors - Sue the B _ _ _ _ _ _ _ _ _s!
Posted on July 19, 2008Gosh, I do not generally recommend suing anyone except as a last resort. However, many boards and many owners are at the ends of their rope! The economy certainly takes its toll on the average citizen in more ways than even imaginable. Through the trickle down effect of foreclosures, lost jobs, higher costs in gas, utilities and even groceries, things get left undone, and people resort to "other means" of making money...
Who Chooses Officers in an HOA?
Posted on July 19, 2008This question below seems like a simple question to me ... probably because I already know the answer, but to the untrained, or the "tortured", it is not so simple. A reader asks: "How are the HOA officers decided. Our Property Manager decided which job was given to each elected person...
How Does One Determine if Condo Living is for Them?
Posted on July 19, 2008You are not even in yet, just at the house shopping stage. Would you be a likely candidate for happiness in a condo? Ask yourselves: Have you ever experienced apt living? Was it tolerable? If not, then beware of condo living - it has many of the similar issues that occur when neighbors are living in close quarters, and it is harder to get out of if it becomes intolerable...
WHO DO THEY THINK THEY ARE - TELLING ME WHAT TO TAKE DOWN?
Posted on July 15, 2008Sometimes one wonders all of the whys and the wherefores. Especially when they hear only one side of the story. Here is a recent post from a reader (and see my answer in italics following the questions): "There is an enclosed balcony in my condo with two open air windows...
BANK OWNED OR ABANDONED HOA PROPERTY FALLS INTO DISREPAIR - WHAT TO DO?
Posted on July 10, 2008Because of the economy, the mortgage crisis, and other negative factors for HOAs today, HOA boards and neighbors are having to deal with more and more properties that are being foreclosed and abandoned (owners simply walking away). I am receiving many questions from HOAs and managers asking what to do when the lawn falls into disrepair or dries up and creates an eyesore in the neighborhood...
MORE ON PARKING - WHAT RULES ARE RIGHT?
Posted on July 07, 2008I like it when people email me their questions and concerns. It gives me the perspective of both sides. There would be fewer disputes in the HOA world if people could see clearly in all directions, and have some understanding and compassion for others in their own actions, whether a director or a homeowner or anyone else...
Charging Assessments With No Backup - Can the HO Withhold Payment?
Posted on July 04, 2008I have written several blogs about what an HOA can do if a homeowner does not pay assessments on time. It's brutal. Most documents and the law allow HOAs with the document authority to resort to nonjudicial foreclosure if homeowners don't pay. And if that does not work the HOA in most cases can pursue a personal debt action against the owner...
LIMITING RENTALS IN CIDS - MORE ON THIS SUBJECT
Posted on July 01, 2008There are some lease limitation cases going on here in California and also in other states that I am watching. I am in the process of rewriting my article on my website called "Lease Limitatiton Amendments - Are They Legal." Here are some of my thoughts on the subject: I have always felt that a good clause that can be supported by objective reasonableness should uphold, and they have - but I have always believed (from reading the cases from all states that I could get my hands on)- that there are at least 2 mandatory criteria: 1...
Requests of the Disabled
Posted on June 25, 2008Many HOA Boards are confronted with special requests of the disabled. Sometimes they are justified, sometimes not. Here are some requests that I found to be justified over the years: An owner who was deaf asked the board if it would provide a sign language interpreter at the board meetings so the person could understand what was going on...
Renters - How Do You Manage Them?
Posted on June 22, 2008Here is a suggestion from a reader. "We're a small 10-unit complex and 3 of them are rentals. The renters are often annoying, loud, and are smokers. While the owner occupied units are quite, mellow, non-smokers. I lived in Germany and there HOAs can actually be on an approval-type board for all rentals...
Renters - Minutes - Do the Two Go Together?
Posted on June 19, 2008Here is a question that has come up more than once: "Should the Board distribute minutes to renters?" One reader says: "Our current Board of Directors sees nothing wrong with sending out our minutes to renters. I objected so the current BOD position is that they will send "sanitized" minutes removing financial information to the renters...
DO BOARD MEMBERS HAVE TO PAY FOR COPIES OF RECORDS?
Posted on June 15, 2008A reader asks: "Is there a provision in the civil code that a 'Board Member' may have access to HOA records, invoices etc. as a 'board member'? The management company tells us that a homeowner as well as a board member will be charged $____/hour plus ___ cents a copy with a 10 day notice...
DO DAY SLEEPERS HAVE RIGHTS?
Posted on June 12, 2008A reader recently asked me a simple question: "Do Condo-Owner's who work Night Shifts & sleep in the daytime have any right to peace & quiet?" The answer is yes, reasonable rights, which is what everyone has. In order to find someone legally liable, you have to prove certain things...
LEASE LIMITATION PROVISIONS - ARE THEY GOOD?
Posted on June 07, 2008I have done 3 other posts that touch on the subject of Lease Limitation provisions. Based on my research, and experience, I think it time to provide some simple explanations about what they mean. A lease limitation provision might be based on any of the following ideas (or maybe someone out there has something more creative to offer: Limit on number of units/lots that can be leased at one time...
What Elections Are Covered by the New California HOA Elections Law?
Posted on June 03, 2008Here is a question about elections that is pretty straightforward. "I have read and re-read the section on Election and Voting Procedures and can't find anything in the section that covers anything other than the election process. The reason I ask is that we recently put out a ballot to the membership to give the Board authority to grant fence extensions from back of unit wall - recognizing that 1363...
Take It To The Judge - What Can He or She Do With An Assessment Request
Posted on June 03, 2008People often ask what the court can do if an HOA or Owner takes a dispute to court. Basically, a judge can make orders to do something or stop doing something, and can make an order interpreting what documents say. However, in order to make an order, even the Judge has to have some legal authority to do it...
Elections Errors - How Do You Know What to Do About Them?
Posted on May 23, 2008I get so many questions from readers about elections. Here are just a few ... and my answers to the best of my ability, given my knowledge and expertise. Do not take these answers as the only possible answers. The California elections law is just complicated enough and unsettled enough that attorneys disagree on answers and application of portions of the law...
Are the New FNMA Guidelines Realistic?
Posted on May 21, 2008Adrian Adams of Adams and Aucoin in SoCal just put out a newsletter listing the new requirements FNMA has published. You can read what he has to say by visiting DavisStirling.com (not a government-backed website; its a law firm website - but very informative), and what FNMA has to say by visiting https://www...
California Overregulation is Overburdening Small Associations
Posted on May 20, 2008There are many small associations in California that cannot afford management. The Davis Stirling Act is intended to regulate HOAs, and the average person cannot comprehend a lot of what is in it. Yet, the legislators keep passing more complicated laws...
Who Has To Fix The Fence?
Posted on May 20, 2008Here is a question I recently received on maintenance of fences in a Caliornia HOA. "I own a SFR and I live next to an easement/common area owned by our HOA. During the winter, a portion of the fence blew down due to heavy winds. I believe the cost of repairing the fence should be shared by us and the HOA...
Retaliation is Never The Answer
Posted on May 19, 2008Your neighbor is driving you crazy. It's the clack clack clack of the high heeled shoes and the long nails on the family dog on the tile floors above, or the thump thump thump and bang bang bang of the children running and jumping, opening and closing the doors...
CAN HOMEOWNERS GET BALLOTS BACK?
Posted on May 15, 2008FINALLY, I get a brief question that is easy to answer. From a reader: "A brief question if I may ? In an HOA vote [ 2 envelope system ] on an assessment; can a member request the return of a ballot previously mailed to the management company if the request is made before the ballots are opened? ?...
Is There A Stranglehold on HOAs in California?
Posted on May 13, 2008Imagine that you own a business. Imagine that the legislators keep passing laws that make it tougher and tougher to collect for the goods or services that are offered. Imagine that your earning capacity is limited to collecting just enough money to budget for the coming year...
MORE ON FLOORS - WHAT IF YOU LIVE UPSTAIRS?
Posted on May 13, 2008More about condo flooring/noise issues: what if you are the neighbor who lives upstairs with the down stairs neighbor complaining of noise. These problems are not easy to solve. A couple of readers' notes have been combined in this series of questions: "We had our laminate flooring installed over a year ago...
So Many Questions -So Little Time - About Making An Impact in Your HOA
Posted on May 03, 2008I am so backed up right now with many, many good questions. I would like to quit everything else I am doing for a week and answer them all, but like taking a cup of water out of a bucket, it would hardly make a dent. However, I notice that a lot of the questions have a common theme - How does one make an impact in the HOA when they do not like the way things are going...
LEASE LIMITATION PROVISIONS ? WHAT IS THE LEGISLATURE DOING IN CALIFORNIA?
Posted on April 29, 2008AB 2259, introduced by Assembly Member Mullin, most recently amended the ASSEMBLY on MARCH 28, 2008, places limitations on enforcing lease limitation restrictions. The bill, if approved by the Assembly and Senate and signed into law, would amend Section 1368 of the Civil Code (which relates to disclosures upon sale) and would add Section 1360...
WHAT?S NOT TO LOVE ABOUT YOUR NEW CONDO!
Posted on April 29, 2008How about something upbeat? Because of my new book, I have been asked to write articles for several blog groups. Each has their own preference for content. Being asked to address what is positive about living in a condo reminded me, and might remind you, of the reason many people in California purchase condos...
How To Communicate Concerns in Your HOA
Posted on April 16, 2008Ranting, Raving, Cussing, Threatening, Yelling ... are these ways to get attention? Yes they are. But are they the way to get the right kind of attention? The answer is "no". If you want to get the right kind of attention to your concerns in your HOA, try a balanced written communication...
What Can You Do If Your HOA Board is Out of Control?
Posted on April 16, 2008My Board is Out of Control - Is it time for action? What Can I do? If the board is not responsive to your ?ideas?, you may want to try and enlist the support of other owners. There is sometimes ?power in numbers?. In California, there are laws regulating condominiums that allow homeowner members to have access to the membership list, and if not that, provide a means for owners to address other members through mailings sent out by the association board, staff, or management...
Damned If You Do - Damned If You Don't - Foreclose That Is.
Posted on April 13, 2008Did you have those kind of parents that taught you about balance, using frustrating phrases like: "Well its six of one and half dozen of the other." Or "Do You want the glass half full, or half empty?" Or "Looks like you let yourself get caught between a rock and a hard place...
How Can Those Guys Do Anything They Want? - The Flip Side
Posted on April 11, 2008I received lots of messages and even a couple of calls about the blog on free legal advice. Thanks readers! Some were complimentary, thanking me for what I do, and others seemed a little defensive. Truth is, I had no one in particular in mind when I wrote the blog, but I did need to provide some kind of general information about what my own limitations are, because the boundaries seemed to be slipping, and the last thing I want to do is be rude...
Are California HOA Managers Immune From Liability?
Posted on April 10, 2008In California, there are at least two well-known industry groups that serve and train homeowner association managers. In this training, managers are presented with "model" management contracts to offer clients. This makes sense. Managers want as much protection as they can get from Boards who do not follow their advice and from the membership or other outsiders that decide that the manager is the cause of whatever grief they suffer...
Can "Those Guys" Really Do Whatever They Want?
Posted on April 08, 2008I get this call or email at least once, usually more times, each day: "How can those guys [meaning the board] do whatever they want? Is there really no end to their power?" Well, what does one say to that? It's a vague and broad statement, question, and premise...
CONTRACTS - CAN WE SEE THEM?
Posted on April 03, 2008In California, homeowners in HOAs have a right to review most if not all of the Association contracts ("executed contracts not otherwise privileged under law" - Civil Code Section 1365.2). Unless the vendor has forced a clause that says its contract is confidential" for some reason (which might not be legal but as yet is to the best of my knowledge "untested" in court), then an owner has a good case for reviewing the contract...
Do You Need An Attorney For Noise Issues?
Posted on March 25, 2008Here I am on the noise kick again. This question is asked of me about every other week. "Can you please recommend an attorney that is willing to represent a homeowner? I am getting close to exhausting my avenues of getting noise problems resolved." People get to the end of their rope and think an attorney can solve their problems...
EARTHQUAKE COUNTRY - Do You Know Where You Live?
Posted on March 23, 2008How many of you think you don?t live in earthquake country? The CEA considers the entire state of California to be "Earthquake Country". Well, it is scary to think about ?the big one?. But if it happens, you will wish that you had been more prepared...
How Should Architectural Review "Appeal" Processes Work?
Posted on March 14, 2008One of my readers sent in this question about architectural review. He is an architect, working with various HOAs to do architectural review. This is what he has to say: "My firm provides architectural review services to a number of associations. Some association Boards have a policy of reviewing ARC appeals only to determine one of two things, the applicant is seeking a variance or the applicant is claiming inappropriate procedural actions by the ARC committee...
What Controls in HOAs - the Documents or the Law?
Posted on March 10, 2008Below is a question I received from a reader in the State of Washington. While I cannot answer anything that might be perceived as giving legal advice in another state, I can give a practical answer to the question: "Which controls, the governing documents or state law?" My answer is a common "lawyerly" answer...
Setting the Record Straight on Homeowner Forum
Posted on March 08, 2008I wrote a blog awhile back about homeowner forum time. An owner had written in and said that the Board was requiring homeowners to fill out information cards before the forum time and they had to state their name and the subject of their comments. The owner found this very offensive, and I would too, if the motive was improper...
PARKING IN THE GARAGE, WHAT IS SO MISUNDERSTOOD ABOUT THAT?
Posted on March 06, 2008I guess its time for a blog on parking again. It's been awhile. The questions are all over the map, so this blog will concentrate on garage parking ... or not parking in the garage. Lest you do not want to read on, let me preface it by saying that today, it is my belief and understanding, which is often stated in building plans and governing documents, that garages are constructed with homes with the intention that they would be used for parking the family or resident vehicles...
Pets In The Pool - Yay or Nay?
Posted on March 03, 2008I get lots of questions about pets and have not written a blog for awhile on the subject. There is just so much in the world of HOAs to write about. Anyway, here goes! This is one of the questions I received: ?What is the rule of law for California with regards to dogs on leash in the "pool area" ...
More on Noise - Can a Developer Be Held Responsible?
Posted on February 20, 2008Just today, during my HOACHAT at noon on issues including noise and hard surface floors (which is a free offering you can join on Wednesdays through my website at http://www.californiacondoguru.com) one of the "attendees" asked: "Can a developer have responsibility when there are noise issues through the walls and floors of a condo? Noise is a problem in many stacked and wall-to-wall condos...
STOP THAT INFERNAL WALKING!
Posted on February 14, 2008This is my 301st blog! Thought it worthy of some unusual step. Since I have on my plate neighbor to neighbor issues today, and since I am doing two programs on the subject in the central valley of California on the same day in March, I decided to give neighbors their own category on this blog...
HOA Owners Are Continually Confused By Assessment Limitations
Posted on February 10, 2008About assessments ... sometimes when I write about assessments, I get questions back that I do not really understand, meaning I do not comprehend what is going through the minds of readers. So then I think it is time to try and explain. Here are some such recent questions that were asked me by a reader: "My questions to you are as follows: Doesn't the quorum requirement stated in 1366 (b) below have to do with the HOA's ability to conduct the Special Meeting to discuss the Special Assessment, rather than the percentage of Membership approval?" My answer to this is: The quorum requirement in 1366 clearly defines what percentage of owner approval is needed to approve an assessment that exceeds the legal limits as stated...
My New Book is Out!
Posted on February 10, 2008"Talk about misconceptions and misunderstandings?the homeowners? association industry involving condominiums, shared amenity living, and shared responsibility is full of misconceptions and misunderstandings. The general public has processed its share from the negative ?connotations? and bad press rampantly played out in the newspapers, magazines and tabloids, and even on TV and in the movies...
SPECIAL ASSESSMENTS IN TRYING TIMES
Posted on February 09, 2008WOW, I cannot remember more difficult times for talking to boards and members about big but necessary special assessments. The meetings these days are becoming more and more challenging when a board has to face the membership to talk about how to raise multi-thousand dollar per unit assessments for repair work, it is not fun...
The "Taste" Test For Your Upcoming HOA Election - Do You Want Sour Lemons or Butterscotch?
Posted on February 01, 2008Okay, maybe I have been a little hard on Boards and even attorneys in the last two posts on my blog. And since I know for a fact that owners can be just as problematic, I thought I would set the record straight. I am not in favor of people serving on the boards of their association if they are not in "good standing"...
NEW HOA AGENDA BILL - DOES IT LIMIT HOMEOWNER FORUM?
Posted on January 29, 2008I have been writing about Owner frustration more than Board frustration because weighing the incoming emails, more HOs seem to be willing to write about it than Boards. And, there is this, the issues raised are worthy of a blog. Here is the latest question, and it came in context from an Owner who mentioned the new Agenda law, so I am wondering if the boards and/or attorneys are using the new Agenda law to try and control Homeowner Forum content...
California HOA Elections - Is Small Claims the Right Venue?
Posted on January 29, 2008I get several emails every week about elections issues. Many are generated simply because of the confusion in the law. Some are generated by sore losers. Some are generated by people who fail to pay assessments and complain alot about things, but still think they should be able to serve on the Board (withholding assessments is not the way to get there, folks)...
HOW TO "SHARPEN YOUR SAW"
Posted on January 25, 2008It's Time to "Sharpen The Saw" - It's a New Year and there are some things that we all can do to make this one easier. One of my New Year?s resolutions is to add more ?tools? to the ?tool kit? to help Boards cope with all of the challenges brought on by complicated laws, hard to understand documents, and lots of responsibilities...
FORECLOSURE IS NOT THE END OF THE ROAD FOR MANY.
Posted on January 16, 2008These are difficult times. Homeowners who get into the purchase of property on creative loans or who have lost their means and are at risk of losing their homes have to make decisions about things that involve their financial future. Knowledge is the key to making the best decisions...
Who Is Responsible for Unsavory Guests?
Posted on January 10, 2008One of my readers had some questions about responsibility in an HOA. I thought they might be of interest: 1. Who is responsible for adults or other people who visit my children when they are in my home? An Owner of a unit or lot is responsible for the actions of anyone that resides in or visits their property...
The Perils of the Uneducated Manager
Posted on January 09, 2008Sorry, I have been away the last week in Hawaii. I needed to get out of the raging California weather (relatives in the midwest, ignore this!). A reader asked me if I would write about the perils of the uneducated homeowner as manager. This person noted that the association needs a competent manager who can help the Board! Not necessarily as easily said as done, at least for the small associations...
Getting Relief in Small Claims Court
Posted on December 30, 2007I receive many many emails every week from individuals who have a story to tell about their boards, and board members who have a story to tell about other board members or owner misconduct. Some are continuing sagas of perceived misdeeds for many years...
What if You Find Out That Assessments Are Not Being Allocated Correctly?
Posted on December 25, 2007If an HOA is notified that it is not allocating assessments correctly, what should it do? Some HOAs assess all owners equally and some allocate assessments on a pro rata basis based on exterior surface size or square footage of a unit. Some allocate operating expenses equally but assess insurance costs, water costs, painting or other costs on a pro rata basis based on square footage...
What Do You Do About Board Infighting?
Posted on December 20, 2007Board infighting is disastrous. And it usually occurs because board members let emotions prevail over good sense. This is a message I sent to a board today that constitutes the leadership of an association client of mine (for more than 10 years). I kid you not when I say this (board infighting) seems to be a fairly common problem...
Are You Being Defamed? You Don't Have to Stand For It.
Posted on December 18, 2007I earlier posted a blog that said boards and owners had no right to exert or threaten physical violence against each other - using the axiom "Sticks and stones may break my bones but words may never hurt me." I feel that I should take this a step further because words can actually hurt a person...
Would You Like To Win The Next Argument - Or At Least Be Heard?
Posted on December 14, 2007If you want to win an argument with someone, you may need to try some real tactics - in order to be heard - because that is what it is about - being heard. I am going to concentrate a few messages on this topic, because I expect to be teaching and writing on this subject often in the months ahead...
Cold is Relative - Making Do In Challenging Circumstances
Posted on December 13, 2007It's cold outside! In California, in Iowa, and especially all across the midwest. When I tell my friends and relatives in Iowa that I think it is too cold, I am sure they feel like saying "poor baby". 30 or 40 degrees seems like a heat wave when you are experiencing temperatures down around zero or below...
Bah Humbug - Don't Be A Scrooge, Now or the Rest of the Year!
Posted on December 10, 2007"T'is the Season - Help Owners Figure Out What They Can Do - Rather Than Focusing On What They Cannot" That is the theme of my latest E-Newsletter. It relates to "Holiday Displays" and other means of expression. My feeling is that ... "If Boards would just stop with the jerk "bah humbug" reaction and think about it, there must be a feasible proposal for holiday and other displays in any type of HOA that is fair to all residents...
Ballot Revocation - Is it Legal in California?
Posted on December 10, 2007Here is an elections question commonly asked: "Based on the new [California] election law, how can a homeowner change his ballot selection AFTER it was mailed?" The new law found at Civil Code Section 1363.03(f) which states: "Once a secret ballot is received by the inspector of elections, it shall be irrevocable...
Who Fixes What When There Is A Common Area Landslide Into A Townhouse?
Posted on December 10, 2007Here is a not-so-uncommon question of a nature that involves figuring out who is responsible when a problem starts in the common area and "flows" into the private areas of a townhome development. I own a small lot in a PUD. A landslide occurred in the common area that resulted in damage to the structures...
If Your CC&Rs Require EQ Insurance - What Should You Do?
Posted on December 02, 2007I get asked to amend CC&Rs to require the purchase of earthquake insurance, and requests to amend to eliminate the requirement. I give similar remarks in either case. It is not good to have a duty imposed, without the ability to carry it out. If a board wants to eliminate the requirement because it can't raise the money without an owner vote for a special assessment (under California requirements), I can understand that...
The Effect of the Mortgage Crisis on California HOAs
Posted on December 01, 2007I received this email from my local Assemblymember (Mark DeSaulnier) via email, today. "Homeownership is a source of tremendous pride and an important milestone on the road to achieving the American Dream. Unfortunately, many Californians are facing the possibility of home foreclosure due to unforeseen circumstances and events...
MOLD, MOLD AND MORE MOLD - Why Do You Let It Grow!
Posted on November 30, 2007I got 5 calls this week on mold related issues. Most were from homeowners. They all related to water leak issues. The owners who needed help ranged from one who was facing a nearly $50,000 special assessment for clean up after a water leak in his pipes to one that was waiting for a stalled process of repair initiated by the HOA...
Blowing Smoke - It Could Become Harder to Find a Place to Do It.
Posted on November 30, 2007Are you suffering from cigarette or cigar smoke infiltrating your unit through a ventilation system or wafting its way up to your deck when you are trying to enjoy a very fine California sunny day? Should you have to suffer? I think not. We are on our way to an even healthier environment thanks to proactive municipalities and, as time goes on, more and more proactive HOAs...
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