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Articles Posted in HOA Governance

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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…

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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…

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Could Aging “Baby Boomers” Create New Concerns for HOAs?

I read an interesting article today that discusses the potential legal problems that could arise for Community Associations that contain members of the aging “baby boom” generation. The article references a program, presented in Virginia at a CAI sponsored event, called “Aging-in-Place: The Boomer Community.” One of the program’s co-presenters…

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Statements about HOA Board Candidates at HOA Meetings are Privileged

*New Case Law A Homeowners Association (“HOA”) Board of Directors exercises substantial authority and control over the direction and financial well-being of the HOA. Proactive and concerned HOA members often seek election to the Board of Directors in order to deal with perceived problems in the community. Unfortunately, these elections…

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Borrowing from Homeowners Association Reserve Accounts

Several clients have recently dealt with situations requiring them to consider the feasibility of borrowing from their reserve accounts in order to satisfy various financial obligations. California law authorizes Association Boards of Directors to borrow from reserves to supplement monthly operating expenses under certain conditions. Such borrowing is usually done…

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Governor Signs Bill Prohibiting HOAs from Unreasonably Restricting EV Charging Stations

In furtherance of California’s energy conservation goals, Governor Brown has signed Senate Bill 209 (“SB209”) which prohibits Homeowners Associations (“HOAs”) from unreasonably restricting the installation of electric vehicle (“EV”) charging staitons in their communities. SB209 will take effect January 1, 2012. CAI’s California Legislative Action Committee (“CAI-CLAC”) worked with the…

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Governor Vetoes HOA Artificial Turf Bill

Congratulations to CAI’s California Legislative Action Committee (“CAI-CLAC”) for successfully working to get Senate Bill 759 vetoed. SB 759 would have required Homeowners Associations to permit the installation of artificial turf in their communities. This marks the second time that such a bill was ultimately vetoed by a California Governor.…

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Defining HOA “Membership” & “Ownership” Status for Registered Domestic Partners

*Asked & Answered Asked – Our Association’s By-laws state that you must be an owner of the Association to be eligible for election to the Board. Would the registered domestic partner of the person on title be considered an owner in the State of California under California Community Property Law?…