Posted by AmberPM on September 21, 2011 · 2 Comments
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 →
Category Board Meetings, Board of Directors, Civil Code, Davis Stirling Act, State Law · Tagged with actions without a meeting, Amber Property Management, board of directors, California Corporations Code, California Corporations Code 7211, California Corporations Code 7238, California State Law, Civil Code Section 1363.05, Condo, Davis Stirling Act, Governor Brown, HOA, Homeowner Association, Open Meeting Act, Orange County Property Management, Property Management, SB 563, Senate Bill 563, Single Family Home, Townhome
Posted by AmberPM on September 12, 2011 · Leave a Comment
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 →
Category Civil Code, Davis Stirling Act, Legislative Update · Tagged with 2012, Amber Property Management, Assembly Bill 771, Betsy Butler, CAI-CLAC, Condo, Corbett, Ellen Corbett, Governing Documents, HOA, Homeowner Association, January 1, Lou Correa, Mark DeSaulnier, Orange County Property Management, Property Management, Senate Bill 150, Senate Bill 209, Senate Bill 561, Senate Bill 563, Single Family Home, Townhome
Posted by AmberPM on August 3, 2011 · Leave a Comment
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 →
Category Board of Directors, Davis Stirling Act, Learning Tools · Tagged with Amber Property Management, Association, Board Member Ethics, board of directors, Bylaws, California, CC&R's, Code of ethics, Condo, Condo Association, Conflicts of interest, Davis Stirling Act, ethics, HOA, Homeowner Association, Orange County Property Management, president, Property Management, realtor, Single Family Home, tenant, Townhome
Posted by AmberPM on June 20, 2011 · Leave a Comment
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 →
Category Board of Directors, Civil Code, Construction, Davis Stirling Act, Legislative · Tagged with Amber Property Management, builder, California State Law, construction defects, failure, homeowner, Homeowner Association, legistlation, Orange County Property Management, Property Management, SB800, statute, statute of limitations, violations
Posted by AmberPM on June 17, 2011 · Leave a Comment
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 →
Category Board of Directors, CC&R Enforcement, Civil Code, Davis Stirling Act, Learning Tools · Tagged with Act, Amber Property Management, association garage, board of directors, common area, foreclosure, Governing Documents, Orange County Property Management, Property Management, public storage, rental agreement, renting storage, self storage, storage lockers
Posted by AmberPM on June 7, 2011 · Leave a Comment
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 →
Category Board of Directors, Bylaws, CC&R Enforcement, Civil Code, Davis Stirling Act, Legislative, Q & A, Rules · Tagged with Amber Property Management, amended, bids, Bylaws, California State Law, CC&R's, Civil Code, Davis Stirling Act, Directors and Officers, documents, Governing Documents, Homeowner Association, laws, Liability, Orange County Property Management, Property Management, Responsibility, statutory
Posted by AmberPM on June 6, 2011 · 2 Comments
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 →
Category Board of Directors, Civil Code, Community Manager, Davis Stirling Act, Learning Tools, Q & A · Tagged with Amber Property Management, annual financial statements, annual report, articles of incooperation, Association, board of directors, Bylaws, Civil Code, Condo, Davis Stirling Act, documents, Governing Documents, Homeowner Association, Minutes, Orance County Property Management, Property Management, resolutions
Posted by AmberPM on May 24, 2011 · Leave a Comment
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 →
Category Board of Directors, Civil Code, Community Manager, Davis Stirling Act, Legislative Update, State Law · Tagged with AB 771, AB 805, AB 806, Amber Property Management, Common Interest Developments, Davis Stirling Act, delinquent assessments, electric vehicle chrging stations, Homeowner Association, Orange County Property Management, Property Management, SB 150, SB 209, SB 561, SB 563, SB 759, transportation and housing
Posted by AmberPM on May 16, 2011 · Leave a Comment
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 →
Category Board of Directors, Civil Code, Davis Stirling Act, Learning Tools, Q & A, State Law · Tagged with Action without a meeting, Amber Property Management, board of directors, California Legislative Action Committee of Community Associations Institute, California State Law, Civil Code Section 1363.05, CLAC, Corporations Code, Davis Stirling Act, Executive Committee, Homeowner Association, ifornia Senate Transportation & Housing Committee, legislature, member, Orange County Property Management, Property Management, SB 563, Section 1367 or 1367.1, unanimous consent
Posted by AmberPM on May 4, 2011 · 4 Comments
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 →
Category Board of Directors, Bylaws, CC&R Enforcement, Civil Code, Collections, Davis Stirling Act, Learning Tools, Legislative, Maintenance, Q & A, Rules · Tagged with Amber Property Management, annual meeting, Association, Bylaws, California State Law, Civil Code, collecting delinquent assessments, Contractors, Directors and Officers, disclosure, Eligibility, Governing Documents, Homeowner Association, Liability, litigation, Maintenance Responsibility, Minutes, Negligence, non owner directors, Orance County Property Management, Property Management, Recall, Recusal by Board Member, Reserve Study, Responsibility, Right to Privacy, Self Managed Association, Special meetings, Townhome, tree removal, Voting