*Asked & Answered Asked – Our high-rise condominium association does not allow dogs weighing over 40 pounds, but we have an owner that has requested an exception for her “companion” dog that is a 70 pound Golden Retriever. Does our HOA have to allow the homeowner to have her companion…
Under the Davis Stirling Act as currently written, common interest developments (“CIDs”) are required to comply with certain procedures for conducting elections. Among other requirements, the Act requires CIDs run by homeowners associations (“HOAs”) to adopt rules and appoint inspectors for the purpose of verifying signatures, counting and tabulating votes.…
*Asked & Answered Asked: Are there any negative consequences or liability that can result from our Board’s failure to distribute the HOA’s annual budget? Answered: Yes. California Civil Code Section 1365 requires a homeowners association (“HOA”) board of directors to prepare and distribute an annual pro forma operating budget to…
Our annual “Legislative & Case Law Update” newsletter for the year 2013 is now available in our library! The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2013. The new legislation includes, among other…
*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…
*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…
*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…
*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…
*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…
*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…