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HOA Lawyer Blog

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Knock, Knock,We’re Coming In… Collection and Enforcement Against Deceased Homeowners

Last time we checked, the mortality rate was 100%. This means that owners of real property within homeowners associations (“HOA’s” or “Associations”) will inevitably pass away at some point. This leaves many questions for Boards and management about how to navigate issues surrounding the separate interest still titled in the…

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AB 648 Signed! Virtual HOA Meetings

*New Legislation On September 22, 2023, Governor Newsom signed AB 648 into law to finally permit homeowners associations (“HOAs”) throughout California to conduct board meetings entirely be teleconference (aka “virtual meetings“).  While existing law permits an HOA to conduct teleconference meetings, HOAs are still required to specify a “physical location”…

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New ‘Community Association Update’ Newsletter – Issue 59

In case you missed it, Issue # 59 of our ‘Community Association Update’ newsletter is available now! Topics covered in this issue include: Email Discussions Between Board Members are not “Meetings” Are Your HOA Volunteers Covered for Injuries? What if Our HOA’s Insurance is Canceled Due to Risk of Wildfires?…

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Email Discussions Between HOA Board Members are not “Meetings”

*New Case Law The Open Meeting Act (“OMA”) contains various provisions regulating how the board of directors of a homeowners association (“HOA”) may meet and conduct business. One of the most common questions we receive pertains to whether email exchanges between board members on items of HOA business constitute a…

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Are Your HOA Volunteers Covered for Injuries?

Homeowners Associations (“HOAs”) rely on the efforts of their volunteer directors, officers, and committee members to perform all manner of tasks needed in assisting the HOA with its operations. Participation by these HOA volunteers in common tasks such as site inspections, including slope inspections, landscape committee walk-throughs, and even meeting…

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What If Our HOA’s Insurance is Cancelled Due to Risk of Wildfires?

If your homeowners association (“HOA”) is located in a high-risk fire area, what can your Board of Directors do if the current master policy of fire and casualty insurance on your condominium or townhome buildings is not renewed? Due to the massive wildfires that have swept California over the past…

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Court Steps in to Force Recalled HOA Board to Step Down

*New Case Law The Court of Appeals recently ruled in Lake Lindero Homeowners Association, Inc. v. Barone that Corporations Code section 7616 may be used to validate a recall election removing the former board of a homeowners association (“HOA”), in addition to validating the election of a new HOA board.…

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New ‘Community Association Update’ Newsletter – Issue 58

In case you missed it, Issue # 58 of our ‘Community Association Update’ newsletter is available now! Topics covered in this issue include: Paying for Increases in your HOA’s Insurance Premiums Addressing Requests for Installation of Solar Panels on Shared Roofs What Happens When a Delinquent Homeowner Dies? Evidence of…

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New Legislation: California Paves the Way for Mandatory EV Charging Stations in Existing Buildings

For more than a decade, the California Legislature has passed laws making it easier for residents to install electric vehicle (“EV”) charging stations within HOAs. For example, in 2011, the Legislature enacted what is now Civil Code section 4745, which nullified any provision in an HOA’s governing documents which prohibited…