Your Day Job Is Different Than Your “Night Job” – Article by Kelly G. Richardson, Esq.
Serving as a volunteer director is hard enough, but it often is made more difficult by directors themselves. The problem is not a lack of good will, good thinking or hard work, but a misunderstanding about the basic nature of volunteer board service. In one’s career, whether in business, government service or elsewhere, one … Continue reading
Can a Board Use “Self Help” to Enforce the Covenants? – Article by By Curtis G. Kimble.
How to obtain compliance when enforcing a violation of the governing documents can be one of the most vexing problems in a homeowners association. One of the chief functions of a homeowners association is enforcement of the covenants and rules governing the community. Even though the individual property owners ordinarily have the power to … 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
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
Delegating Fines – Article by Adrian J. Adams of Adams Kessler PLC
QUESTION: At a recent board meeting, a director questioned the authority of the architectural committee to send out violation notices. He felt it was reserved exclusively to the board. Others argued that the board had given the committee that authority and owners could always appeal their fines to the board. Which is it? ANSWER: Door … Continue reading
Neighbor to Neighbor Disputes – Article by David A. Loewenthal, Esq.
The Top Ten List As more people move into common interest developments, neighbor to neighbor disputes will become an increasingly important issue for both Homeowners Associations, its Board of Directors, management companies, lawyers and most importantly, the actual homeowners themselves. Living within a common interest development largely brings significant benefit in value to its residences … Continue reading
PARKING IN CIDs AND ELECTRIC CHARGING STATIONS – Article By Beth A. Grimm, P.L.C. (Attorney)
I said I was going to give you more on legislation. As for signed bills, SB 209, a troublesome bill relating to parking in common interest developments, has been signed into law by the Governor. It involves electric charging stations. The Governor in signing the bill acknowledged problems that really need resolving but he is … Continue reading
Service, Companion and Therapy Dogs: What Are Homeowners’ Rights? – Article by W. Alexander Noland, Esq., Swedelson & Gottlieb
There tends to be a great deal of confusion over service, companion and therapy animals, and, particularly, service, companion and therapy dogs. While the Americans with Disabilities Act does not generally apply to community associations unless an association opens its common areas and recreational facilities to the general public (i.e. allowing people other than residents … Continue reading
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