*Asked & Answered Asked – Our HOA Board of Directors has been advised that a homeowner who is delinquent in their payment of assessments has filed bankruptcy. If the homeowner obtains a bankruptcy discharge does the HOA have to write off the delinquent account as a bad debt? Answered – Not necessarily.…
*Asked and Answered Asked – How long should homeowners associations levy compliance fines against non-compliant Members before transferring the files to legal counsel? Answered – Monetary penalties (also known as “fines”) should be levied against non-compliant homeowners so long as the purpose of the fines is to deter the homeowners’ unwanted behavior…
*Asked and Answered Asked – Can Homeowners Associations Restrict Parking on Public Streets? Answered – Possibly. The restrictions set forth in the CC&Rs are known as equitable servitudes that “run with the land.” This means that when an owner takes title to the property, he is automatically bound by the restrictions…
Rules are meant to be followed. However, some homeowners unknowingly or knowingly violate these rules. What should an association do under these circumstances? First and foremost, every association should have clear disciplinary and enforcement procedures (i.e., due process) regarding the handling of a homeowner’s violation of the association’s governing documents…
*Unpublished Case In California jurisprudence, it is well established that a homeowner “has no right to an unobstructed view over adjoining property.” (Posey v. Leavitt (1991) 229 Cal. App. 3d 1236, 1250.) Such right may, however, “be created by private parties through the granting of an easement or through the…
[As written by Rip Van Winkle on June 15, 2021] In early March 2020, I fell asleep upon drinking my favorite beverage on a California beach. When I awoke today on June 15, 2021, I am surprised to see people celebrating in the streets and face masks in the trash. …
As of June 15, 2021, Governor Newsom terminated the executive orders that created the Stay-at-Home Order and the Blueprint for a Safer Economy. These orders have been replaced with and superseded by a new State Public Health Officer Order of June 11, 2021 (“Current Order”). This New Order requires all…
*Asked & Answered Asked – How should our HOA handle a hostile homeowner who is being abusive to other residents and overwhelms management staff with endless emails and other harassing communication? Answered – We previously blogged about workplace harassment and hostile work environments for management professionals. Unfortunately, harassment in Associations is…
Neighbor-to-neighbor disputes are on the rise. These types of homeowner conflicts are typically characterized as governing document violation complaints that are personality conflicts between neighboring homeowners rather than legitimate concerns that impact the Association and its membership more broadly. Refereeing these squabbles can quickly become burdensome and costly for an…
*New Case Law Under California law, a Strategic Lawsuit Against Public Participation (“SLAPP”) is a lawsuit brought against a defendant as a form of punishment for engaging in protected activities. When such lawsuits are filed, the defendant may bring an “anti-SLAPP” motion to strike the plaintiff’s suit. In order to…