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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

Should the Agenda Law for HOAs and Condos Be Manipulated?

Posted on April 21, 2010
Here is a straighforward question ... and a straightforward answer: "Hi there, our board just began putting the following on the top of each Agenda they send out, ?Items may be added to the agenda prior to the meeting called to order. This seems to conflict with the new agenda law ? yes ? no?" Yes, this seems to conflict with the California law requiring HOA and Condo Association Boards to provide owners notice of the Agenda before each board meeting, and to limit actions to what is on the agenda, with exceptions for handling emergencies...

How Big Should The Meeting Room for An HOA or Condo Meeting Be?

Posted on April 17, 2010
An owner has a question about meeting room size. It seems this reader might have known that a number of owners were coming to a board meeting and wanted to make sure there was enough room for those attending. Perhaps he or she was an instigator in revving up other owners about a pending association hotbutton issue...

Pay and Stay - Why it Works for Everyone, Except the Banks that Delay Foreclosures.

Posted on April 03, 2010
I recently wrote a blog on my condolawguru blog which focuses on owner issues. Read that blog and this one. This issue is a big one. Many owners are walking away from common interest development properties they cannot afford, assuming that neither the lender nor the association will come after them for accrued debt after the lender foreclosure goes through...

"PATCH AND DEFER" IS NOT A GOOD OPTION

Posted on March 30, 2010
I recently received the following email from Robert Miller, Forensic Construction Expert, whose website is http://www.forensicconstructionexpert.com/. I think this is a very relevant and growing problem. ?Hello Beth, I thought I would write to you to see if you have some insight into a growing number of "Patch and Defer" HOA's...

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Business Judgment Rule Applies to HOA and Condo Association Boards

Posted on March 24, 2010
For Boards who do not know: there is some help in the laws of California in the form of legal protection. It is called the "Business Judgment Rule". Boards of directors get some immunity which helps avoid personal liability for decisions that are made by the Board - if the board member performs his or her duties: 1...

Rent Skimming - A Warning to HOAs and Condo Associations

Posted on March 24, 2010
Here is a common scenario in California (and likely throughout the US): A manager or board member calls with several questions related to the recent acquisition of a unit through the HOA's foreclosure. There may or may not be a person currently residing in the unit so what do you do with them? The HOA may be interested in renting the unit...

How Far Back Can An Association Go To Collect Assessments?

Posted on March 16, 2010
Here is a question I received about assessments: "My condo association is threatening to come after me for assessments dating back 3 years. I left 3 years ago. The lender still has not done anything. Can they come after me? The answer would be yes, if they are entitled to the assessments...

Recording Board Votes - Is It Required?

Posted on March 11, 2010
Owners often want to know how board members vote on business matters. One way to find out is to go to the board meetings. Another may be to review minutes. Here is a question related to this subject: "When votes are recorded in regular board meeting minutes, should those votes show each director's vote (yea, nea, or abstain)?" My answer: Some associations do record this, some don't...

Can Owners Have Information On Other's Loan Questionnaires in an HOA or Condo?

Posted on March 06, 2010
I have been writing alot about loan issues, FHA certifications, etc. Here is an interesting question from a frustrated owner related to financing issues. An owner attempted to sell his unit but the buyer could not get financing for purchase of the condo unit...

ELECTIONS IN HOAS AND CONDOS - Can the Board Endorse Candidates?

Posted on March 02, 2010
Here are some blog questions I received from a reader about board endorsements in candidates for election. And I added one question that came from a client. For each, the question is in quotes and bold and my answer follows: "Is it ethical for current board members to endorse an incumbent going door to door and posting flyers on behalf of the incumbent? There are several candidates running for two positions...

FHA Certification for Condos is Harder Now - More Expense, More Time - Is It Worth It?

Posted on February 27, 2010
At the end of this blog are excerpts from two recent news stories published on CNN's website. One article suggests that there may be more federal funds pumped into the effort of saving owners from foreclosure and stemming the increases in foreclosed homes...

May an HOA or Condo Board Turn off the Water or the "Juice" for Unpaid Assessments?

Posted on February 23, 2010
Many associations are having a difficult time collecting assessments these days. They are looking for "incentives" to get people to pay. Here is an example of a common question: "I am in a 10 unit complex. There is one DWP meter for the complex paid by the HOA...

Are HOA or CONDO Association Bylaws Normally Recorded?

Posted on February 23, 2010
Here is a question about Bylaws: "I am wondering if By Laws have to be recorded? Is it standard that they should be? And, what procedure is used to change By Laws and do they have to be approved/reviewed by the Homeowners prior to adoption/recording?" Bylaws generally are not recorded (in California) but sometimes there is a reason to do it...

Who is the #1 HOA Attorney in California?

Posted on February 18, 2010
This I cannot leave alone. A potential client called today and asked me some questions about my services. In the course of that, she said: "There's an attorney on the internet who advertises that they are the #1 best HOA attorney. What do you think about that? " My knee jerk reaction was: "I think any attorney could say that, but I would have to wonder about anyone who would...

HOA - Condo Board Voting by Email - What Are the Chances?

Posted on February 18, 2010
Here is a recent question posed to me via email about board voting: "When the Board votes by e-mail, is it required that ALL Board members cast a vote or is it acceptable to consider the matter approved if the majority of the Board voted to approve while some Board members did not cast a vote?" Easy answer in California, and probably elsewhere: It's not okay to vote by email...

Late Fees - Collection Costs - How Much Is Too Much?

Posted on February 12, 2010
In these days of tough economic times, every dollar matters. Thus, owners who get behind on their assessment payments often get very unpleasant surprises. The costs of collecting delinquent homeowner assessments is high. So is the liability if a mistake is made...

There's No Such Thing As A "Slam Dunk"! A True Story

Posted on February 06, 2010
This is a lesson for both HOAs and Owners who want to consider litigation. It is an experience I had when doing litigation years ago. The Association contacted me for assistance. An owner (we will call them Owner A) was complaining about a neighbor's (we will call them Owner B) use of a basketball standard in their back yard...

Don't Get Bamboozled Into A Lawsuit!

Posted on February 05, 2010
Okay, now I have seen it one too many times and feel the need to vent. There is no such thing as a "slam dunk" in court. The scenario is this. A party - it may be a homeowner, it may be an HOA or Condo Association board - goes to an attorney and that attorney gets all excited about their "case"...

COOKING SMELLS, IS THERE RELIEF IN AN HOA OR CONDO?

Posted on February 02, 2010
I get all sorts of emails about problems in HOAs and Condos. Here is a difficult one: "My problem is two-fold: 1. Hours upon hours of curry cooking by my upstairs neighbors. 2. When the downstairs unit turns on their kitchen exhaust fan the smell is concentrated inside the walls around the kitchen exhaust vent piping, which then enters my unit through my kitchen, laundry room and hall bathroom...

No Candidate for President of the HOA - What Do We Do?

Posted on January 25, 2010
Here's the question: "Our current president has declined to run for a second term, while another candidate who wants the position is unqualified because he is not an owner (his wife is co-owner of their unit with her father). What options do we have? Our CC&R states that there must be at least three members of the board...

Who Fixes What in a Condo or HOA?

Posted on January 16, 2010
When anyone in a shared amenity situation has a question about who maintains what, there are a number of things to consider. Naturally, a simple and inexpensive problem may be easier to solve than a complicated one. If there is not a big investment, the sides (board and owner or neighbor-to-neighbor) are less inclined to fight about it...

Are HOAs and Condo Associations on Their Own with Animal Control?

Posted on January 14, 2010
Here's a good question. Can the local animal control or police department refuse to come into an HOA or Condo Association when called about an animal situation or what would normally be a police matter claiming they do not have to provide services to private communities, i...

Lights On In the HOA? Or Lights Off?

Posted on January 14, 2010
I have readers who have different opinions about things, and HOAs and condo associations have different types of owners who have different opinions about things. It is important for board members to not only get educated about what is required by law, and what are good things to do with regard to community finances, maintenance and the like, but also to get themselves educated on what the owners want - especially when areas of controversy arise...

Should A Board Send Flowers or Money?

Posted on January 05, 2010
I have received questions about monetary and other gifts in the context of deaths and holiday bonuses for vendors. See my responses below. Questions: "I am the [on] the board for our HOA and sadly one of our board members passed away during the Christmas season...

What Constitutes a Good Reserve Study? Who Should Prepare?

Posted on December 29, 2009
Here are some questions from a loyal blog follower about reserve studies: "I have searched all over the net and can't find any information about reserve studies. How does an HOA find a qualified company, how does an association know if there reserve study is any good, etc...

What About a 5 Year Statute on Enforcing CC&R Restrictions in an HOA or Condo?

Posted on December 22, 2009
Is it true, you say. I just published an E-Newsletter (free) that is available on my website on the subject. And I got a response, well ... several in fact. Good to know someone is reading my information. Here's the note I received: "I am on the HOA in Fl...

HOA Election - Do We Have To Have One If The Board Members Agree To Serve Another Term?

Posted on December 12, 2009
Here is the question I received: "Have tried to find the answer to this .... our HOA nominated the entire Board for next year .... do we still need to have Ballots sent out/ 50 +$ return for the elections to be valid? It seems a costly project, but we want to do what is correct...

HOA and CONDO Elections - Good Use of Candidate's Statements

Posted on December 03, 2009
Here is a recent question I received about the HOA and Condo election laws: What if any of the candidates wants to use their candidate statement to endorse other candidates? What if the candidate that wants to do this is a board member? Should it be allowed? This is ripe for argument, but my take is that any candidate?s statements that are published to owners should be specifically limited to qualifications to serve...

HOA Board Adds Improvement - Uses Volunteer Services - Is That Okay?

Posted on December 03, 2009
I get some really interesting questions every day, and here is one about adding improvements without owner approval but with owner involvement. A lot of assumptions are made, some of which may or may not be correct. See below: "A [type of recreational court] was proposed as no cost to the homeowners...

Should You Include Proposals in HOA / Condo Board Packages?

Posted on November 24, 2009
Here is a question about what goes into the Board packet: "I read your updates and articles regularly and find them enlightening and extremely informative. I'm hoping you can help with a dilemma I'm facing. As a manager for the last few years, I have included in my packages (general session) proposals/contracts for various types of maintenance to be reviewed by the BOD and discussed in open session for general information to the membership...

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