Posted by AmberPM on November 16, 2011 · Leave a Comment
New Legislation Affecting Community Associations 1. SB 563 Board Meetings This legislation amends sections of, and adds sections to, the Davis-Stirling Common Interest Development Act (The Act), Civil Code sections 1350 et seq. The Act governs all common interest developments in California. Specifically, the legislation amends the following sections of The Act. A. Civil Code … Continue reading →
Filed under Assembly Bill, HOA Attorney, Learning Tools · Tagged with Amber Property Management, Association, board of directors, California State Law, CC&R's, Civil Code, Condo, HOA, Homeowner Association, Orange County Property Management, Property Management, SB 150 Rental Restrictions, SB 563 Board Meetings, SB 771 Documents to be Provided to Prospective Purchasers, Single Family Home, Townhome
Posted by AmberPM on September 23, 2011 · Leave a Comment
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 →
Filed under Assembly Bill, Board of Directors, Civil Code, Learning Tools, Legislative, State Law · Tagged with Amber Property Management, Assembly Bill 771, Association, Betsy Butler, board of directors, California State Law, Civil Code, Civil Code Section 1368, Civil Code Section 1368(b), Civil Code Section 1368.2, Condo, HOA, Homeowner Association, Orange County Property Management, Property Management, Single Family Home, Townhome
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 →
Filed under 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 August 30, 2011 · Leave a Comment
The successful relationship between a client and attorney is built on trust and confidence. The guiding principal is that the client should be able to make informed decisions concerning all matters substantially impacting the client’s case and recovery. The first big question facing the client in a construction defect case is the basis on which … Continue reading →
Filed under Bidding Process, Learning Tools · Tagged with Association, attorney, Attorney Fees in California, Attorney Fees in California Construction Defect Cases, board of directors, California Business and Professions Code sections 6147, California Business and Professions Code sections 6148, California Construction Defect Cases, California Rules of Professional Conducy, California State Law, charge, community association, compensate, Condo, Contingent Fee Contract, Fee Agreement Options for Litigation, Fee Contracts, HOA, Homeowner Association, Hourly Fee Contract, Hybrid Arrangements, law firms, Orange County Property Management, Professional Ethics, Property Management, Referral Fees, Rule 4-200, Single Family Home, the division of fees, Townhome
Posted by AmberPM on July 25, 2011 · Leave a Comment
Does an H.O.A. need a towing contract? Yes! But it is not really a contract it is a general authorization to allow a tow company to enforce towing of fire lanes and vehicles blocking exit and entrances only. This way the tow company does not need to bother management when they see a vehicle parked in … Continue reading →
Filed under Board of Directors, Learning Tools, Q & A, State Law, Towing · Tagged with 1351, 22658, Amber Property Management, Association, California State Law, California Vehicle Code, Civil Code, handicap placard, Homeowner Association, inoperable car, legal to tow, Orange County Property Management, procedure for a tow, towing, towing faq
Posted by AmberPM on June 27, 2011 · Leave a Comment
California law affecting non-judicial and judicial foreclosure of assessment liens can be complex. Recent legislation illustrates a governmental policy favoring the resolution of many assessment disputes in Small Claims Court. This, coupled with reduction of property values and equity brought on by the current economic crisis and real estate meltdown, can make assessment collection in … Continue reading →
Filed under Board of Directors, Collections, Learning Tools · Tagged with Amber Property Management, assessment liens, board of directors, California State Law, collecting delinquent assessments, delinquent assessments, economic crisis, Governing Documents, HOA, judicial foreclosure, mortgage, non-judicial foreclosure, Orange County Property Management, Property Management, Small claims court
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 →
Filed under 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 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 →
Filed under 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 May 23, 2011 · 2 Comments
Technically yes. Debtors are frequently surprised to find that they are still personally liable for HOA fees after filing for bankruptcy, even though they have moved out and for all intents and purposes made known their intent in the bankruptcy that they are surrendering their property back to the bank. Such liability is the result … Continue reading →
Filed under Collections, Learning Tools, Lending · Tagged with 11 USC 523 (a)16, 11USC 365(p), Amber Property Management, bankruptcy, California State Law, condominium, debtor, filing date, forclosure, HOA dues, HOA Liens, Homeowner Association, Liability, Orange County Property Management, ownership insterest, Property Management, Responsibility, trustee
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 →
Filed under 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