Governor Brown Signs SB 563; Say Good-bye to Actions Without a Meeting – Article By David Swedelson
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
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
CONFLICT OF INTEREST – BOARD MEMBER ETHICS – Article by Beth Grimm, P.L.C.
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
To Tow or Not To Tow – That is a Question of Liability – Article by Feldsott & Lee A Law Corporation
Illegal parking is a common problem for Associations. The problem begins the same way every time. Someone, but you’re not sure who, parked his/her car in guest parking. Only that is not the real problem. The real problem is that the car is dirty, dented, and now it is leaking oil over the freshly slurried … Continue reading
AMENDING GOVERNING DOCUMENTS – IT DOESN’T HAVE TO BE PAINFUL!! – Article by Beth Grimm
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
Association Records: What’s Available to the Members – Article by Association Times
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
CACM Legislative Activities – May 2011
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
May an HOA Board Take Action Without A Meeting? – Article by BETH A GRIMM, P.L.C.
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
WHO FIXES WHAT IN A CONDO OR TOWNHOME? – Article by Unknown
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
