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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: March 28, 2011 at 03:22:54

NEW HOA AGENDA BILL - DOES IT LIMIT HOMEOWNER FORUM?

Posted on January 29, 2008
I 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, 2008
I 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, 2008
It'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, 2008
These 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...

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Who Is Responsible for Unsavory Guests?

Posted on January 10, 2008
One 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, 2008
Sorry, 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, 2007
I 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, 2007
If 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, 2007
Board 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, 2007
I 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, 2007
If 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, 2007
It'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, 2007
Here 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, 2007
Here 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, 2007
I 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, 2007
I 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, 2007
I 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, 2007
Are 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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