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
Governor Signs AB 771 (Butler) Into Law Requiring Associations to Itemize and Disclose Fees Charged For Documents To Be Provided to Buyer in Escrow – Article by David C. Swedelson
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
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
PARKING IN CIDs AND ELECTRIC CHARGING STATIONS – Article By Beth A. Grimm, P.L.C. (Attorney)
I said I was going to give you more on legislation. As for signed bills, SB 209, a troublesome bill relating to parking in common interest developments, has been signed into law by the Governor. It involves electric charging stations. The Governor in signing the bill acknowledged problems that really need resolving but he is … Continue reading
HOAs and Pests – Who is Responsible for Eradication? Broken Screens? – Article by Beth A. Grimm
Here’s a good quandary sent by a reader: “Recently, wasps entered my unit via a broken screen on our kitchen exhaust vent outside the unit. The exhaust vent is on the second floor. The HOA manager hired an exterminator to repair the screen and kill the nest but stuck me with the bill. She says … Continue reading
Did You Record That Judgment? Tips on Maintaining the Critical Priority of your Foreclosure Judgment – Article by Paul W. Windust, Esq.
A recent appellate decision from the First District Court of Appeal in San Francisco (Diamond Heights Village Association v. Financial Freedom Senior Funding Corp) highlights the necessity to record judicial foreclosure judgments. In that case, the association recorded assessments liens against a condominium unit after the unit owner failed to pay maintenance assessments for several … Continue reading
May the Board Transfer Common Area to Members in an HOA or Condo Association? – Article by Beth A Grimm, P.L.C
Often in common interest developments like condos, townhomes and even single family home developments people look around and see areas of land that are not being fully utilized and think, “I could use an extra 20 feet of back yard”, or “If I had that space I would create a gazebo,” or “That rectangle would … Continue reading
Q & A – HOA Towing Facts – Article by Nick Carroll
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
Can Homeowners’ Associations Prohibit Owners From Flying the American Flag? – Article by Tarley Robinson, PLC
Flying the flag is an important way that Americans celebrate their liberty and the sacrifices of past and present heroes who defend it. Recent news storiesabout a dispute between an Ohio homeowners’ association and a Vietnam veteran over a flagpole have brought an important issue to the forefront. In Ohio, a homeowner erected a large … Continue reading
CC&R Enforcement: The Five Most Important “Don’ts” You Need To Know – Article By Steven S. Weil, Esq.
Association directors have many responsibilities. These include adopting a budget, authorizing year-end disclosures, pursuing delinquent assessments, conducting proper elections and enforcing the governing documents, especially the CC&Rs (“CC&Rs”) and Operating Rules. The majority of homeowner association residents – owners and tenants alike – follow the CC&Rs. Usually, most of those who don’t are unaware of … Continue reading
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