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
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
CONFLICT OF INTEREST – BOARD MEMBER ETHICS – Article by Beth Grimm, P.L.C.
A colleague of mine recently delivered an email newsletter that cited a case in Nevada discussing conflict of interest. A Nevada city council member was “censured” for voting in favor of a casino development for whom a long-time personal friend and campaign manager was a consultant. The council member did not recuse himself from voting … 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
AMENDING GOVERNING DOCUMENTS – IT DOESN’T HAVE TO BE PAINFUL!! – Article by Beth Grimm
Were your governing documents drafted before 1995? Is the Developer out of the project? Do your documents seem to relate to some other association? Are some of the provisions absurd, obsolete or unenforceable? Are your CC&Rs impossible to understand? To interpret? Are you baffled by your Bylaws? Are there conflicting provisions in your documents? Discriminatory … Continue reading
Association Records: What’s Available to the Members – Article by Association Times
The Association Bylaws and CC&R’s usually provide wording on member access to Association records. The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles, and the Bylaws of the Association shall be available for inspection by any Member … Continue reading
CACM Legislative Activities – May 2011
Please keep your eye’s on the following proposed bills as they may effect how your association does business. AB 771(Butler) Common interest developments: requests for documents: fees. Introduced: 02/17/2011 Last Amend: 05/10/2011 Status: 05/11/2011-Action From SECOND READING: Read second time.To THIRD READING. Location: 05/11/2011-A THIRD READING Calendar: 05/12/11 6 ASM ASSEMBLY SECOND READING FILE Summary: … Continue reading
May an HOA Board Take Action Without A Meeting? – Article by BETH A GRIMM, P.L.C.
A reader asked me if an HOA Board can take action without a Board meeting, and then proceeded to tell me what other attorneys say about it. What I got was that attorneys apparently do not agree on the subject. (What a surprise?) My take on it is that Board’s sometimes need to take an … Continue reading
Have a “Q”? Because we have your “A” – An amazing complied list of HOA Q & A – Article by hoaqanda.com
JUSTIFIED EXPENDITURES Q. Can the board of directors of our association spend association funds on what amounts to a political issue? The board wants to spend funds to stop a nearby development, based on the belief that it will harm the value of homes in our community. A. Absent a prohibition in the … Continue reading
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