Can I cut down my neighbor’s tree when its branches overhang my property? – Article by Tarley Robinson, PLC, Attorneys and Counsellors at Law
In our ever crowding residential areas, more of us experience the situation in which the limbs of a neighbor’s tree overhang our property line. Most of the time, these limbs do not pose us any concern, but questions do arise as to whether we have the right to prune our neighbor’s trees. In the past, … Continue reading
Being green without spending green – Article by Steven Reyes
The word green is synonymous with caring for our environment and a green community has multiple meanings. Green community can refer to a community actively engaging in energy conservation. A green community is a community using renewable resources. And a green community can promote re-purposing materials. In short, a green community favors the motto “reduce … Continue reading
Governor Signs AB 771 (Butler) Into Law Requiring Associations to Itemize and Disclose Fees Charged For Documents To Be Provided to Buyer in Escrow – Article by David C. Swedelson
Assembly Bill 771 (Betsy Butler), which amends Civil Code Section 1368 regarding documents to be provided the buyer in an escrow, was sponsored by the California Association of Realtors and initially sought to place a cap on fees that may be charged by management companies and others who provide documents upon sale or transfer of … Continue reading
Governor Brown Signs SB 563; Say Good-bye to Actions Without a Meeting – Article By David Swedelson
Despite significant industry opposition, the Governor has signed into law amendments to the Davis Stirling Act and specifically Civil Code Section 1363.05, also known as the Common Interest Development Open Meeting Act. Attached is a copy of Civil Code Section 1363.05 with the changes highlighted. Here is the story of how this new law came … Continue reading
4 Tips to help your HOA protect its Attorney-Client Privilege – Article by Susan Tarley
The Attorney-Client Privilege protects confidential communications between an attorney and his or her client. This privilege includes communications made to the attorney and communications from the attorney. The Attorney-Client Privilege is designed to encourage clients to communicate with their attorney freely, without fearing disclosure of those communications made in the course of representation. The Attorney-Client … Continue reading
May Owners Set the Agenda for a Homeowners Association Meeting? – Article by
Who sets the agenda for HOA or Condo meetings? This reader has a novel question: “Q.Q. (quick question): Are owners allowed to place items on the agenda of an open meeting?” Thanks! PS Does this appear in 1363.05??” The Davis Stirling Act does talk about agendas. It says that one has to be distributed to members … Continue reading
What is a Capital Improvement? – Article by Robert M. DeNichilo
Many HOAs have language in their governing documents that act as a spending cap on capital improvement projects without member approval (often at 5% of the annual budget). However, the term “capital improvement” is often not defined. This often leads to confusion as to whether an expense requires member approval. “Capital improvement” is an accounting … Continue reading
CLAC CORNER September 8, 2011 END of SESSION UPDATE – Update by Skip Daum CAI-CLAC Legislative Advocate
The first half of the biennial legislative session will have ended before you read this. Nevertheless, there are a few important bills for you to be aware of and plan to implement. Perhaps most important are two bills that directly effect HOA operations. The first is Senate Bill 563 (by Mark DeSaulnier, Chairman of the … Continue reading
11 Common Irrigation Errors – Article by David Wickham & Associates, Inc.
Every landscape and/or irrigation professional truly believes that they know what they are doing when it comes to designing, installing and maintaining irrigation systems. However, virtually many of these professionals have gaps in their irrigation training and knowledge. In fact, some people simply never learned the proper way to begin with. As a result, they … Continue reading
Parking Wars! Community Association Parking Regulation on Private and Public Streets – Article by Andrea L. O’Toole, Esq.
It is no secret that parking enforcement is a sensitive issue for homeowner’s associations and their boards; and, few issues can compete for the title of “most aggravating” amongst association members. An association’s most potent remedy – towing – can lead to frustration, anger and lawsuits. Take, for example, last year’s case where a jury … Continue reading
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