LIFETIME TILE ROOFS, FACT OR FICTION? – Article by Carl A. Brown, RCI, RRO
The world of roofing is very competitive, causing product manufacturers to seek ways to separate themselves by offering more and more. The latest marketing trend is to advertise “lifetime” tile roofs. These “tile” roof products can be made of a variety of materials including concrete, clay and even steel. They are sold in a variety … Continue reading
BIKES ON BALCONY – IS IT A RIGHT? – Article by Beth A Grimm, P.L.C
Owners in a condo association commonly bristle at one rule or another; however, collectively, enforcement of reasonable rules is generally a good thing. Here are some comments and questions from a reader: “I’m wondering if there is any legal precedent allowing me to store my bike on my 3rd floor balcony. My HOA has so much … Continue reading
May a Disabled Person Bring a “Service? Pet” Into the Clubhouse? – Article by Beth Grimm
The questions for boards and owners about access to all places in the development with service dogs is almost always a sticky one. If I were asked – do we have to allow (from the board) or may I have permission (from an owner) to take my guide dog (for blind person) anywhere in the development? … Continue reading
HOA ADVISER: What kind of evidence can be used in a hearing? – Article By Michael T. Chulak
Q. Our board recently held a hearing to determine whether to fine a member for an alleged rule violation. The board allowed hearsay to be introduced. Is this allowable by law? A. Yes. Boards are not required to follow the California Rules of Evidence used by courts. They may hear the evidence and then weigh … Continue reading
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
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
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
Know why your HOA should seek FHA approval – Article by Peter Harper
The Federal Housing Administration more popularly known as FHA has a particular set of guidelines that lenders should follow in case they want to offer an FHA mortgage. These FHA mortgage loans have down payment criteria that is smaller than traditional mortgage and can even be availed by consumers who have low credit scores. If … 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
Benefits of Community Associations Part 2: How is Covenant Enforcement Good for Owners? – Article by Tarley Robinson, PLC, Attorneys and Counsellors at Law
The enforcement of covenants, conditions, and restrictions (“CC&R’s”) is among the most criticized of the duties performed by the Board of Directors of community associations, but is also the most important responsibility. CC&R’s govern many activities in a community including house designs, parking regulations, maintenance and repair of the common areas, and collection of assessments. … Continue reading
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