Owner Liability for Acts of Tenants – Article by Beth A Grimm
When an owner of a condo or townhome places a tenant, care should be taken to screen carefully. Some owners are desperate to rent their homes and so they do so without regard to careful screening or introducing any situation that might cause a rift between the tenant and their neighbors. Sometimes “bad stuff” just … Continue reading
The Smoker Next Door: Secondhand Smoke + Condominiums = Trouble – Article by David C. Swedelson, Esq., Condo and HOA Attorney
Recent reports indicate that only 12% of California adults smoke cigarettes. The problem is that they all live in condominiums, or so you would think from all the reports of problems we are receiving relating to complaints from the non-smokers who do not want to smell cigarettes. And the issue is not limited to cigarettes; … Continue reading
New ADA Pool Accessibility Standards: What HOAs Need to Know – Article by Molly Foley-Healy
We have been hearing a lot of buzz out in the HOA world about the new Americans with Disabilities Act (“ADA”) regulations relating to pool accessibility standards. Many associations are confused about whether these new standards apply to their communities, what exactly the pool accessibility standards require and when modifications to pools and spas must be … Continue reading
Can a Board Use “Self Help” to Enforce the Covenants? – Article by By Curtis G. Kimble.
How to obtain compliance when enforcing a violation of the governing documents can be one of the most vexing problems in a homeowners association. One of the chief functions of a homeowners association is enforcement of the covenants and rules governing the community. Even though the individual property owners ordinarily have the power to … Continue reading
SUMMARY OF LEGISLATION EFFECTIVE JANUARY 1, 2012 – Article by The Law Offices of Laura J. Snoke
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
Confidentiality Agreements; Are They Enforceable? – Article by David C. Swedelson
We are often asked to include confidentiality clauses in settlement agreements with owners, as the board often wants to avoid other owners hearing that the association settled. The concern is that these other owners will think it is OK to violate the CC&Rs or Rules, as they will ask for the same “sweetheart” deal. We … Continue reading
TOW FEES – TOWING COMPANIES – AND THE RELATIONSHIP BETWEEN YOUR SECURITY PATROL SERVICE – ARTICLE BY KATHY MIRAMONTES
Your Courtesy Security Patrol Professional impounds vehicles, in accordance with your Homeowner Associations rules and regulations and in accordance with the CA. Vehicle Code section 22658. Your Courtesy Security Patrol Professional is hired by your HOA to enforce the parking rules. In doing so, unfortunately, some vehicles will be towed. Towing a vehicle is NEVER … Continue reading
Being green without spending green – Article by Steven Reyes
The word green is synonymous with caring for our environment and a green community has multiple meanings. Green community can refer to a community actively engaging in energy conservation. A green community is a community using renewable resources. And a green community can promote re-purposing materials. In short, a green community favors the motto “reduce … Continue reading
What is a Capital Improvement? – Article by Robert M. DeNichilo
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
Parking Wars! Community Association Parking Regulation on Private and Public Streets – Article by Andrea L. O’Toole, Esq.
It is no secret that parking enforcement is a sensitive issue for homeowner’s associations and their boards; and, few issues can compete for the title of “most aggravating” amongst association members. An association’s most potent remedy – towing – can lead to frustration, anger and lawsuits. Take, for example, last year’s case where a jury … Continue reading
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