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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

Who Signs Minutes for HOA and Condo Meetings?

Posted on November 22, 2009
Here is a simple question about minutes that I received recently: "Have you ever discussed how the requirement that board minutes be official is accomplished? Do they have to be signed? By the Secretary? President?" Generally, board minutes should be signed by the secretary of the association...

The New Davis Stirling "Disclosure Index" for HOAs and Condos

Posted on November 20, 2009
After 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, 2009
I 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, 2009
Board 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...

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DAVIS STIRLING or Davis Stirling, What is Fair in Hearings in HOAs and Condos?

Posted on November 13, 2009
I 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, 2009
The 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, 2009
Some 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, 2009
I 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, 2009
Here 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, 2009
Here 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, 2009
I 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, 2009
Here 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...

Is an HOA or Condo or Owner Responsible for A Tenant's Dog's Bite?

Posted on October 01, 2009
A 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...

Online Banking - Some Protections for HOAs That Want It

Posted on September 29, 2009
There 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, 2009
I 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, 2009
I 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, 2009
Sometimes 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, 2009
This 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, 2009
Many 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, 2009
Don'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, 2009
Here 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, 2009
Many 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, 2009
The 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, 2009
I 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, 2009
The 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, 2009
To 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, 2009
Should 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, 2009
Who 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, 2009
There 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, 2009
When 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...

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