*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…
Articles Posted in HOA Governance
Can a HOA Member Inspect HOA Lease Agreements?
*Asked & Answered Asked – As a HOA member, do I have the right to see a copy of a lease agreement pertaining to a home that was acquired by my HOA through foreclosure of an assessment lien? Answered – Yes, you may request to see a copy of the…
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…
HOA Concerns in Contracting with Vendors
*New Resource Every Homeowners Association (HOA) will at some point hire a vendor to perform certain tasks on behalf of the HOA, or to furnish services to the HOA and its members. In doing so, a HOA may be exposed to liability brought about by vendor actions and/or the terms…
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…
HOA Hosted Public Events: ADA Compliance Required?
*Asked & Answered Asked – Does hosting a public bingo game at our association’s clubhouse expose the association to any liability under the Americans with Disabilities Act? Answered -Yes, a homeowners association (“HOA”) that hosts public events at its facilities will need to comply with the rules and regulations of…
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…
HOA Accommodations for Disabled Residents
*New Resource Various laws have been established to protect the rights of disabled individuals, such as the Americans with Disabilities Act (“ADA”) and the Federal Fair Housing Act (“FFHA”). These laws govern both public and private facilities, and set forth the degree to which an entity, such as a homeowners…
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…
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…