*Asked & Answered Asked – Upon being elected to serve on our Association’s Board of Directors, our Management company gave me “Ethics Rules” to sign. These rules are not a part of our CC&Rs or our Bylaws. Am I required to sign the rules in order to serve on the…
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…
*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…
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…
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…
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.…
*Asked & Answered Asked – Many of our unit owners and some Board Members live out of state. The Board has opted to hold “virtual” board meetings via web-conferencing. Is this permissible? Answered – Yes. Provided that your HOA’s CC&Rs do not explicitly require physical Board Meetings, a Board can…
*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?…
The recent, unpublished opinion in Radell v. Park Wilshire Homeowners Association (2011) illustrates the importance of fully complying with prescribed HOA enforcement procedures. In Radell, the Plaintiffs alleged that the Willshire Bark Homeowners Association (“Association”) Board of Directors (“Board”) “committed a series of discriminatory acts intended to diminish the presence…
Associations are required to levy regular and special assessments sufficient to perform their obligations under their governing documents and Ca. Civ. Code §1366(a). Associations may encounter difficulties in getting their members to pay assessments on a regular and timely basis. In response to these difficulties, some Associations are providing credit…