*Asked & Answered Asked – Are our HOA’s attorney’s fees recoverable when we participate in ADR with a homeowner? Answered – Maybe. Civil Code §1354(c) states that “in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” Alternative Dispute Resolution (“ADR”)…
*Asked & Answered Asked – My HOA requires a parking decal to park in the community. Is my HOA allowed to enforce its parking rules on vehicles with handicap parking placards that are parked within designated parking areas, but are without the HOA required parking decal? Answered – Yes. Typically,…
*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…
*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…
*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…
*Asked & Answered Asked – In response to a complaint by a homeowner that her noisy neighbor is causing a nuisance, is her homeowners association obligated to take legal action to remedy the problem? Answered – Maybe. A homeowners association’s (HOA’s) governing documents often contain use restrictions which prohibit homeowners…
Owners often question whether they can enforce their HOA’s CC&Rs on neighboring owners in the event that their HOA is either unwilling or unable to do so. Owners also question whether they can recover any attorney’s fees that they expend in bringing such an enforcement action. The recent, unpublished opinion…
*New Resource Video surveillance cameras are now being installed almost everywhere, so why not in your homeowners association (HOA)? When used properly surveillance cameras can provide additional security, a greater sense of safety and a deterrent to would be criminals. Yet several questions and considerations are often raised with respect…
*Asked & Answered