*Asked & Answered Question – One of our incumbent Board Members was recently discovered to be the beneficiary of a trust that holds title to her home. The title was transferred by Grant Deed to the named Trustee many years ago. The Board Member asserts that she is an owner…
Articles Posted in HOA Governance
Should your Association Permit the Installation of Cell Towers?
A recent story in the Coast News highlights a situation faced by some HOAs: whether or not to permit the installation of cellular towers on Association property. In Encinitas, a HOA Board is supporting a ballot measure that would grant Verizon a 20 year lease and allow a cellular tower…
Complaining about your HOA is a Constitutionally Protected Activity
A recently decided case underscores the fact that speaking out against the action of a HOA’s Board of Directors, agents and/or management is a constitutionally protected activity. In Country Side Villas Homeowners Association v. Susan Ivie, 193 Cal.App.4th 1110 (2011) (“Country Side“), a homeowner (“Ms. Ivie”) was upset at the…
The Problem of Suspended Homeowners Associations
California Homeowners Associations (“HOAs”) primarily exist as California Nonprofit Mutual Benefit Corporations. We have recently encountered some instances where smaller and/or self-managed HOAs have failed to file and pay their state corporate taxes and/or make certain corporate filings. The unfortunate result for these HOAs is that their California corporate status…
Email Addresses in Membership Records
A 2010 court decision may compel an HOA to include member email addresses in satisfying a member’s demand to inspect membership records… The recently decided case of Worldmark v. Wyndham Resort Development Corporation, 187 Cal.App.4th 1017 (2010), may subject Homeowners Associations (“HOAs”) to new requirements when members make demands to…