Posted by AmberPM on July 27, 2011 · Leave a Comment
What are drying services and why do I need them? It is necessary to mitigate a water damage to prevent further damage to a home and neighboring units. A homeowner has the responsibility to respond quickly to these occurrences. If negligence is determined, the HOA or your insurance company could deny coverage. There may be … Continue reading →
Filed under CC&R Enforcement · Tagged with air mover fans, Amber Property Management, Association, board of directors, CC&R's, Condo, Damage, dehumidifiers, drying services, Homeowner Association, Liability, Mold, Negligence, neighboring unit, Orange County Property Management, Property Management, Single Family Home, 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 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 18, 2011 · Leave a Comment
I am reminded today of the laxity with which many Associations treat contracts. I was reviewing one Association’s communication to owners about a half million dollar assessment for rehabilitation work (about $10,000 per unit) and came across the statement “We were able to get a favorable contract with a no-penalty termination clause.” The reason I … Continue reading →
Filed under CC&R Enforcement · Tagged with 60 day termination clause, agreement, Amber Property Management, assessment, automatically rollover, breach, CACM, clause, contracts, documents, home owners association, Homeowner Association, Liability, maintenance agreement, Orange County Property Management, Property Management, termination, without cause
Posted by AmberPM on May 4, 2011 · 4 Comments
JUSTIFIED EXPENDITURES Q. Can the board of directors of our association spend association funds on what amounts to a political issue? The board wants to spend funds to stop a nearby development, based on the belief that it will harm the value of homes in our community. A. Absent a prohibition in the … Continue reading →
Filed under Board of Directors, Bylaws, CC&R Enforcement, Civil Code, Collections, Davis Stirling Act, Learning Tools, Legislative, Maintenance, Q & A, Rules · Tagged with Amber Property Management, annual meeting, Association, Bylaws, California State Law, Civil Code, collecting delinquent assessments, Contractors, Directors and Officers, disclosure, Eligibility, Governing Documents, Homeowner Association, Liability, litigation, Maintenance Responsibility, Minutes, Negligence, non owner directors, Orance County Property Management, Property Management, Recall, Recusal by Board Member, Reserve Study, Responsibility, Right to Privacy, Self Managed Association, Special meetings, Townhome, tree removal, Voting
Posted by AmberPM on May 2, 2011 · Leave a Comment
Imagine this scenario: a person volunteers their time, and spends countless hours working for the betterment of their community. Many of these hours are late at night or on weekends. They and their fellow Board members exchange countless emails at all hours of the day. The emails are often sent from their work or … Continue reading →
Posted by AmberPM on April 19, 2011 · Leave a Comment
“Is there any legal requirements that HOA elections be handled by someone other than the Management Company and Board of Director?” There is a law on elections in California and it is very comprehensive (long, complicated and in ways difficult to interpret). But what it says on the subject of who can act as an … Continue reading →
Filed under Board of Directors, Bylaws, Civil Code, Davis Stirling Act, Elections, Learning Tools, State Law · Tagged with Amber Property Management, Association, Bylaws, California State Law, Condo, Condo Association, Condo Law, Elections, HOA, HOA Law, Liability, Orange County Property Management, Responsibility
Posted by AmberPM on April 15, 2011 · Leave a Comment
How many of us have experienced the board member who wants to control all aspects of his or her community association’s operation from finances to personnel to housekeeping? This controlling person just doesn’t want to accept that there is a division of responsibility in the operation of an association. How do you handle such … Continue reading →
Posted by AmberPM on April 14, 2011 · Leave a Comment
When the days finally lengthen and the mornings lose that bitter chill, it’s time to assess the damage wrought by another New Jersey winter. For the board members and the property manager of a community association, that wintertime damage can be found throughout the property, from the landscaping and roofing to the tennis courts and, … Continue reading →
Filed under Bidding Process, Board of Directors, Learning Tools, Maintenance, Q & A · Tagged with alligatorerd, Amber Property Management, asphalt, Association, bids, concrete, cracks, filling, Fixing, Geo-textiles, Homeowner Association, Liability, Maintenance Responsibility, Orance County Property Management, overlay, pavement, Repair, sealing, seall-coating, slurry
Posted by AmberPM on April 14, 2011 · Leave a Comment
Believe it or not when presented with a request for proposal (Sometimes referred to as a RFP) it isn’t as simple as throwing a number at the repair and seeing if it sticks. There is a tremendous amount of work that actually goes into a putting together a proposal whether it is for … Continue reading →
Filed under Bidding Process, Board of Directors, Learning Tools, Maintenance, Q & A · Tagged with Amber Property Management, Apples to Apples, Association, bids, description of problem, documents, Homeowner Association, Inspection, Liability, Orange County Property Management, project, proposal, Repair, Request for Proposal, RFP, Savings, Scope of work, Vendors