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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

Bothered By Smoke From Your Neighbor's Unit? Do Something About it!

Posted on October 21, 2010
Many people are bothered by smoke from the neighbors in tight living situations like apartment living and condo living. In California, more and more cities are passing ordinances that place severe restrictions on smoking and the state is also involved in passing laws...

Contracts - What Do Owners in an HOA Need to Know?

Posted on October 15, 2010
Here's the scoop on this issue as presented to me by a reader with some questions: "The prior HOA Pres. handled a remodeling project primarily by himself; the contract was nothing more than a Bid page signed by both parties. Several modifications to the Bid were made using a 'gentleman's Agreement' per the out going Pres, with nothing annoted to the Bid document to that affect; to my knowledge, there were no letters or notifications presented to the HOA members informing them of the change in contract or agreement...

Flooring Disaster Waiting to Happen in HOA

Posted on September 30, 2010
Noisy floors ruin the lives of lots of people, whether they live upstairs or downstairs. Here is a recent email (I get them all the time-same subject, different description): "We just received a letter from our HOA. They are proposing changing CC&Rs to now allow hard surface flooring in upper units...

HOA Elections Laws Continue to Complicate Things

Posted on September 19, 2010
I participated recently in a brainstorming session at an ECHO Resource Panel Meeting and presenting was an attorney who just completed a 4 day superior court trial defending an HOA from claims of a homeowner that an election was conducted improperly and should be redone...

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Wild Animals in HOAs - Cat Burglars - Vendors - Watch Out?

Posted on September 12, 2010
Here is a great rendition of facts and suggestions relating to wild animals, and bad people, provided by a friend of mine in the business in response to another article involving what warnings need to be made about the [possible] presence of wild animals: "Lions, Tigers & Bears...

Fining Without "Due Process" - Not Cool

Posted on September 11, 2010
Readers of my website often write in and complain about wrongdoing. Before I would form any judgements about any situation, I would want to hear both sides. Here's one such letter. "Here's a scenario. A board member or a homeowner goes to a board member and complains about their neighbor and makes false/true accusations which are in violation of the HOA...

Artificial Grass for HOAs and Condos - Which Side Are You On?

Posted on September 09, 2010
California Assembly Bill 1793 would prevent HOAs and Condos from prohibiting artificial grass products in landscape plans. The bill is aimed at reducing irrigation water consumption by homeowners in homeowners associations. It targets HOAs. There are some very nice products available produced by companies like Heavenly Greens...

Alert - FEDERAL FHFA Regs May Hurt HOAs and Condos

Posted on September 09, 2010
Please see the message below and follow the sites for more information - caionline.org and caicalif.org to stay informed! From The Community Associations Institute and the CAI-California Legislative Action Committee: "ALERT - FHFA SEEKS BAN ON PRIVATE TRANSFER FEES By now, many of you may have heard about a proposed regulation from the Federal Housing Finance Agency (FHFA) issued on August 13, 2010...

Don't Believe Everything You Hear About HOA Elections

Posted on September 07, 2010
Here is an email I recently received about elections - quorum ... "I am ___________, an elected Director and Officer (V.P.) for __________HOA in Los Angeles. We are a community of 100 townhomes and seven Directors. I recently read the law in California had changed July 01, 2010 to NOT require a quorum for election of Directors...

Solar for Condos and HOAs

Posted on August 28, 2010
Lots of people want to "Go Green" and some to more extremes than others. Even in these tough economic times and given the up front investment, some associations are looking seriously at options for adding solar and other "green" options (electric car plug ins and the like)...

Are Board Members Entitled to See HOA Records?

Posted on August 21, 2010
Here is an email from a board member: "I find myself in a delicate situation, having served on our Assocaition's board for more than twenty some years during my tenure as Association President. Last year, term ending in June 2010, I requested several documents and records from the Management Company who serves as our Custodian of Records ...

City Smoking Ordinances - Do They Apply to HOAs?

Posted on August 21, 2010
Smoking ordinances are in the news a lot as more and more cities in California are passing strict smoking ordinances. More and more associations are asking about passing rules and looking at CC&R amendments to limit or prohibit smoking in the common area, and some are even placing reasonable restrictions on smoking in condo units...

Roof Decks in HOAs and Condos, Who Maintains, Who Pays, What is A Reasonable Allocation?

Posted on August 15, 2010
The cost for maintenance,repair and replacement of roof decks can be staggering. So, the question often arises as to whether the allocation being charged to owners is fair. Here is a question I received from a reader: "Our board wants to amend our CC&Rs to read that the 2 owners who live on the top floor and have an exclusive use common area walking deck, shall pay for 100% of their area involved (about 60%)...

HOA Defect Fix Forces Owner Out of Condo-Is There Help For That?

Posted on August 05, 2010
Your HOA or Condo association just settled a big lawsuit - or not - but in any event, you as an owner are forced to relocate - who should pay for the expense? Here is the question from a reader, but take heart, the same thing could happen if there is a fire, flood, or the roof blows off the condo...

Bull Horns Have Their Place, But in the HOA or Condo?

Posted on August 02, 2010
I just did a blog on the other blogsite called "Thinking of Retaliating in Your HOA or Condo?" Here is the link to the blog at Condolawguru.com. The story was about an incident that occurred in Iowa, and involved a man who got fed up with his neighbors, bought a bull horn, hooked it up to a compression machine of some kind (I am imagining that made it really loud), and blasted the neighbors every two seconds until he was arrested by the police for disturbing the peace...

What Can You Do When the HOA Board Does Not Enforce the Rules?

Posted on July 27, 2010
This is a hot topic. The question sent to me is: ""What can I do about a board that does not enforce the rules? They won?t do anything about people disobeying the rules because they are afraid of retaliation. As a 20 year homeowner, what can I do and where do I start?" There are many ways to attack this problem...

SHORT SALES IN HOAs, STRAIGHT THINKING

Posted on July 17, 2010
There has been much commentary about short sales in homeowner associations lately. What happens to the delinquent assessments in a short sale? Some commentators suggest they never get paid or that the debt is extinguished in the short sale. Not so. Some suggest that the association must have a lien on the property to collect or if the sale goes through without payment of the assessments and there is a lien, that the lien is extinguished...

RENT SKIMMING - HOA Foreclosure - Desperate Situations

Posted on July 13, 2010
A few months ago I did an E-Newsletter on the rent skimming law in California. For those who do not know what that is, it is when someone buys properties at a foreclosure sale held by a junior lienholder or HOA, rents them out, takes the rents and does not pay any money to the senior mortgage holder whose debt is still viable...

HOA Fees for This and That - What is Legal?

Posted on July 06, 2010
What can boards charge for? Maintenance? Probably. This is generally described in the CC&Rs assessment section. Insurance Premiums? Probably yes, for the common area. The documents will describe whether the HOA or Condo Association can charge for insurance for the homes in the development...

DO YOUR PART IN HELPING WITH QUORUM REQUIREMENTS FOR HOAs

Posted on June 24, 2010
APATHY in HOAs and Condos is a very big problem. If you want to be part of the solution rather than part of the problem, now is a good time to contact your legislator if you live in an HOA or Condo and are experiencing any problem at all getting a quorum for board elections...

Screaming Babies - Can You Sue Them For Nuisance?

Posted on June 23, 2010
The following is a very difficult set of facts. Some situations are just not conducive to litigation or punishment until it can be established that the parties are not making any compromises or working to find a mutual solution. Kid noise is the source of many disputes in condominiums and townhomes...

More on Noise and Renters-A Pesky Subject in HOAs and Condos

Posted on June 04, 2010
I probably get as many emails on noise issues than any other subject (except maybe for dogs). Anyway, there are all kinds of variations. This one has to do with renters, teenagers, and nose-thumbing, in a manner of speaking. Here is the email: "My husband and I own a condo and below us lives a family of five...

More on Dogs, Namely Pit Bulls in HOAs ... Condos

Posted on June 01, 2010
I like it when readers weigh in on important subjects. I get more prespectives. I have certain biases, like most people, and do my best to suppress them when trying to provide balanced information and opinions. Here is a perspective on pit bulls: "Hello, Beth, After hearing in the news taday of still another child's death from a pit bull attack, I feel terribly concerned for my grandson living in a condo development with a pit bull a few doors away...

What Can A Small Claims Court Judge Do?

Posted on May 27, 2010
A common question is how much teeth does the law have? In otherwords, what can an owner do if he or she thinks that a board is not following the law? Here's the specific question for today that was sent by a reader: "I discovered some of your excellent Internet material today and have a question about cases in Small Claims Court involving damages for violations of law by homeowner associations when the statutes do not seem to specify any damages...

Fake Security Cameras - A Good Idea?

Posted on May 24, 2010
In the past I have suggested that an association in a highrise building with some entry by seedy people who were perceived to be undesirable gamblers put up signs that the building was "under surveillance" as a means of discouraging visits by people who would not want to be photographed entering thee premises...

Variable Assessments in HOAs - What's Right?

Posted on May 18, 2010
Variable assessments cause a lot of consternation for associations, especially those that do not have professionals to guide them. There are all sorts of questions that arise. Here is one example: "HI Beth, I think your articles dealing with hoa's are wonderful! so thank you for that...

Proxy and Quorum Questions Come Up Again

Posted on May 13, 2010
Here are some questions and concerns about proxies and quorum: "In the condo association that my condo maintains, the board will usually solicit proxy votes for the meeting issues. Then no one shows up for the meetings. As a former government official I am concerned and disturbed by this...

Must a Board Give An Owner A Chance to "Cure" Before Fining?

Posted on May 04, 2010
In a recent email message a reader writes: "Beth, is it required for the HOA to send a Notice and give the condo owner a chance to remedy the issue before a fine is issued ?" The answer in California law is that it is necessary to give a hearing notice before fining, but the law does not require that the board give an owner a chance to cure...

Public Flogging - What is the Worst That Can Happen?

Posted on May 04, 2010
I receive a lot of emails from all over the country about goings on. I know that people get seriously angry when things happen that they think are unfair. Many come to lawyers wanting to sue. Some, when they find out the cost of a lawsuit (which seems to be a mentality that is hard to shake), turn to things they CAN DO cheaply...

What is an Audit and Who Needs It?

Posted on April 28, 2010
Below are a bunch of questions about HOA audits that I think will resonate with readers. (Thanks to a loyal blog reader...) First Comment/Question: "Our current Restated CC&Rs spell out that we are required to have a yearly audit of our financials. Our old Bylaws stated that a review is required (the current Restated Bylaws are silent on financials)...

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