As we draw near to the 2020 election, many residents living in HOAs have decided to install yard signs and other displays for their chosen candidate or cause. Many of these “noncommercial” signs have sparked fury in those who oppose such views, calling upon the Board of Directors to have…
Articles Posted in Enforcement
HOA Restrictions on Emotional Support Dogs in the Pool Area
*Asked & Answered Asked – Our Association does not allow pets in the pool area, but a resident has recently begun bringing her emotional support dog to the pool-side lounge area. Do we have to let the dog accompany its owner to the pool? Answered – Probably. The Federal Fair Housing…
How Quickly Must HOAs Bring Suit Against Homeowners for Violations of the Governing Documents?
*Asked & Answered Asked– Is the Board of Directors required to bring legal action, within a certain timeframe, against a homeowner, who is violating the association’s governing documents? Answered – In most circumstances, the association has five (5) years to bring legal action against violating homeowners pursuant to the Statute…
Can an Association Prohibit Smoking Inside the Units?
*Asked & Answered Asked – Can a homeowners’ association prohibit owners from smoking within the interior of their units? Answered – The California Legislature has recognized that homeowners associations (“HOAs”) require flexibility in adopting and enforcing “operating rules” governing the use of common areas and “exclusive use” common areas (or “Restricted…
There is no Such Thing as a Free Lunch – Or a Free Clubhouse: Implementing Reasonable Limitations on Political Speech and Assembly Rights in California HOAs
We have just passed the two-year anniversary of California Civil Code 4515. This is the law that protects certain rights of members and residents to political speech and peaceful assembly within California community associations. With election season in full swing, it is important for Boards and management to be reminded…
Can the Association Lien for Fines?
*Asked & Answered Asked – Is there any way to collect a fine other than going to court? Answered – Monetary penalties (i.e., fines) are just one of the many tools in a homeowners association’s (“HOA’s”) arsenal to enforce its governing documents. They are primarily used to deter violations, as…
Overzealous Board Members: Understanding the Scope of the Board’s Authority to Enforce the Governing Documents
Homeowners associations (“HOAs”) are governed by a group of volunteer members known as a “Board of Directors” (“Board”). Their primary responsibilities include: (1) managing the common areas, (2) managing the HOA’s finances, (3) setting policies to assist in the operation of the HOA, and (4) enforcing those policies along with…
Dog Parks: Best Practices for Limiting an HOA’s Liability Exposure
One of the many benefits of living in a homeowners association (“HOA”) is the amenities provided to its residents. Common amenities include recreational rooms, pools, and fitness facilities. One amenity gaining in popularity is designated for the community’s canine companions: dog parks. Dog parks provide dogs with a designated off-leash…
Droning On and On…Should Associations Use Them to Catch Violators in the Act?
Serial dog poop litterers, unauthorized parking of vehicles, architectural violations, smoking nuisance—the list goes on and on when it comes to common “repeat violations” that a homeowners association (“HOA”) encounters on a day-to-day basis. With the increasing number of repeat violations and limited number of HOA board members and property…
The Modern Age of Social Media and the Need for Regulation Within Homeowners Associations
Like it or not, we live in the age of social media. It is undeniable and has dramatically transformed the way we communicate in every arena, including homeowners associations (“HOA”). Information, opinions and images are broadcast and circulated at a rapid pace with little or no oversight involved. These unfiltered…