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Articles Posted in Boards of Directors

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The Basics of AB 805: Overview of Changes in Davis-Stirling Act

*New Library Article AB 805, effective January 1, 2014, will make existing California law pertaining to Homeowners Associations (“HOAs”) more logical and user-friendly. The bill’s primary effect is (1) to renumber and reorganize the Davis-Stirling Common Interest Development Act (“the Act”), and (2) to make various minor changes to the…

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Davis-Stirling Reorganization Bill Signed! Effective Jan. 2014

*New Legislation On August 17, 2012 California Governor Jerry Brown signed into law Assembly Bills 805 and 806 and thus ended the California Law Revision Commission’s trek to reorganize the Davis-Stirling Common Interest Development Act (“the Act”). AB 805 effectively relocates the Act to a new Part 5 (commencing with…

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HOA Prohibiting Single Owners from Renting Out Multiple Units?

*Asked & Answered Asked – Can the Board amend the HOA’s CC&Rs to limit a homeowner who owns multiple units from renting more than one unit unless they live within the HOA? Answered – Yes. Provided that the requisite procedures are followed and membership approval is obtained, the Board of…

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Fining Homeowners for not Completing HOA Surveys?

*Asked & Answered Asked – May our HOA impose fines on homeowners who fail to complete HOA surveys? Answered – Probably not. In general, a homeowners association (HOA) does have the authority to impose reasonable fines to deter violations of the HOA’s governing documents, as well as any rules and…

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HOA Board Member Access to Homeowner Mailboxes?

*Asked & Answered Asked – Does our HOA Board President have the right to access our locked mailboxes in order to put a name card on the box? Answered – No. There are no Federal statutory provisions specifically addressing this situation; however, no one except the homeowner or the postal…

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Committees: Delegating Board Authority to Achieve Efficiency

*New Resource The 2012 amendments to the “Common Interest Development Open Meeting Act” have made it significantly more difficult for Boards to manage the affairs of their HOAs in a quick and efficient manner. Those amendments, as discussed in our previous resource,”Senate Bill 563: Boards and their Business,” made significant…

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Rogue Directors: Battling Bad Behavior

*New Resource Serving as a Director on your HOA’s Board can be a frustrating and thankless job. Raising assessments, enforcing the governing documents, and taking other potentially unpopular actions can lead to disputes and charged emotions. Despite that fact, Directors, as representatives of the Homeowners Association, must conduct themselves in…

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Challenges to HOA Elections: Facts and Consequences

*New Resource Electing a Board of Directors to manage the Association is a complex and time consuming process. Despite the best of intentions, sometimes things slip through the cracks, whether it’s the qualifications of someone on the ballot or the manner in which votes are collected and tallied. When this…