*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…
Articles Posted in HOA Governance
Challenges to a Board Member’s Qualifications After Election?
*Asked & Answered Asked – May a homeowner challenge the qualifications of a member to serve on the HOA’s Board of Directors after they have been elected? Answered – Maybe, depending on the date of the challenge. Corp. Code §7527 provides that “an action challenging the validity of any election,…
Surveillance Cameras Within Your Association
*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…
HOA Communications with Homeowners: Methods of Delivery?
*Asked & Answered Asked – Is it true that the law requires an Association to send notifications and communications to the homeowners via USPS only? Answered – No. An Association’s governing documents may require that certain types of communications with homeowners be sent via USPS. However, in the event that…
Imposing Fees on HOA Members who Rent out their Homes?
The additional burdens that renters impose can be substantial for many common interest developments–especially those developments designed as “recreational communities.” Renters who lack a sense of investment in the community or who are unfamiliar with its operational structure can place greater strain on the community’s management and maintenance resources. This…
2012 Legislative & Case Law Update Now Available
Our “2012 Legislative & Case Law Update” newsletter is now available in our library! The 2012 Legislative & Case Law Update provides an overview of the new legislation impacting California Homeowners Associations (“HOAs”) and the community association industry professionals who service them. The new legislation includes, among other things, bills…
Granting Exclusive Use of Common Area: Approval Required?
*Asked & Answered Asked – Our Board wants to grant homeowners exclusive use of our Association’s common area storage closets and also charge a fee to such homeowners wanting exclusive use. May they do this without membership approval? Answered – Probably not. Civil Code § 1363.07 substantially restricts an Association’s…
Electric Vehicle Charging Stations in Your Community?
In July of this year, Governor Brown signed Senate Bill 209 (“SB 209”) into law. As a result, beginning January 1, 2012, Section 1353.9 will be added to the California Civil Code to restrict an association’s ability to prohibit the installation of Electric Vehicle (“EV”) charging stations (“Stations”). You may…
Imposing Fines for Member Discipline: How Many Notices are Required?
*Asked & Answered Asked – How many notices do you need to give a unit owner about a rule violation before they are called to a hearing and fined? Answered – Associations generally must provide their members with “due process” before they are able to impose disciplinary measures, such as…
New Legislation Impacts Homeowners Association Board Meetings
*New Resource When Senate Bill 563 (“SB 563”) was signed into law this month, the fears of many people within the Community Association industry came true. The new legislation purports to provide better homeowner awareness of the affairs of their respective Associations and the ways in which those affairs are…