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 September 19, 2011 · Leave a Comment
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 →
Filed under Agenda, Homeowners, Q & A · Tagged with 1363.05, Amber Property Management, Civil Code, Civil Code Section 1363.03, Condo, Davis Stirling Act, Orange County Property Management, Property Management, 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 →
Filed under 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 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 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 →
Filed under 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 →
Filed under 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 →
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
Posted by AmberPM on April 7, 2011 · 4 Comments
One of the most important questions in a homeowners association is “Who fixes what?” On top of this very basic question, others come up and this article will provide answers. What exactly is the problem? What is the correct “fix”? How do you figure out who is responsible if the HOA/Condo documents are not … Continue reading →
Filed under CC&R Enforcement, Maintenance, Q & A · Tagged with Amber Property Management, Condo, Davis Stirling Act, Fixing, Homeowner Association, Maintenance, Orange County Property Management, Policy, Reimbursed, Repair, Responsibility, Single Family Home, Townhome, Unit