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
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
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
Did You Record That Judgment? Tips on Maintaining the Critical Priority of your Foreclosure Judgment – Article by Paul W. Windust, Esq.
A recent appellate decision from the First District Court of Appeal in San Francisco (Diamond Heights Village Association v. Financial Freedom Senior Funding Corp) highlights the necessity to record judicial foreclosure judgments. In that case, the association recorded assessments liens against a condominium unit after the unit owner failed to pay maintenance assessments for several … Continue reading
Govenor Signs Senate Bill 209 Dealing With Electric Charging Stations – Article by David C. Swedelson
With the proliferation of electric vehicles comes a new law that limits and restricts California community associations’ ability to prohibit an owner from installing their own electric charging station. On July 25, Governor Brown signed Senate Bill 209, which adds new Civil Code Section 1353.9. The new law takes effect January 1, 2012. New Civil Code … Continue reading
To Tow or Not To Tow – That is a Question of Liability – Article by Feldsott & Lee A Law Corporation
Illegal parking is a common problem for Associations. The problem begins the same way every time. Someone, but you’re not sure who, parked his/her car in guest parking. Only that is not the real problem. The real problem is that the car is dirty, dented, and now it is leaking oil over the freshly slurried … Continue reading
California Senate Bill 800: “Groundbreaking” Legislation Concerning Construction Defect Claims – Article by By Greenberg Glusker
Last-minute legislation intended to increase the supply of affordable, multi-family housing in California was signed into law in early October 2002 and will be effective as of January 1, 2003. Crafted as a compromise among developer/builder interests and consumer attorneys, the bill is aimed at reducing the number of construction-defect lawsuits that have been seen … Continue reading
When a Condominium Association Rents Storage Space to Owners,The Association is Bound By The Same Laws As Popular Commercial Facilities Such As Public Storage – Article By Joan E. Lewis-Heard, Esq. Edited by David C. Swedelson, Esq.
Many California condominium associations have common area storage lockers, rooms or areas that are made available to the owners. Sometimes, the storage area is assigned in a deed as exclusive use common area. More often then not, these areas are not assigned, and the board has the ability to assign and rent them to … Continue reading