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Articles Posted in HOA Governance

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Why Should My Attorney Review Contracts?

*Asked & Answered Asked – Our HOA community manager always recommends that our vendor contracts be reviewed by our HOA attorneys before we sign them. Is this really necessary? Answered – Yes! Contract review is an integral step to protect the HOA against future contract disputes. Oftentimes, HOA Boards of Directors…

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HOA Restrictions on Emotional Support Dogs in the Pool Area

*Asked & Answered Asked – Our Association does not allow pets in the pool area, but a resident has recently begun bringing her emotional support dog to the pool-side lounge area. Do we have to let the dog accompany its owner to the pool? Answered – Probably. The Federal Fair Housing…

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Protecting HOA Members’ Contact Information

*Asked & Answered Asked – Our HOA Board of Directors just learned that any member may request a copy of our HOA’s membership list and have access to other members’ personal contact information. Is there anything we can do to protect the privacy of our members who may not want…

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The Rule of Judicial Deference: Protecting HOA Decisions Based on Reasonable Investigation and Made in Good Faith.

*Unpublished Opinion Volunteer officers and directors of a common interest development (“HOA”) are required to make decisions which often have significant legal and financial implications for the HOA and its membership. Because they are unpaid volunteers, officers and directors are afforded certain protections against personal liability similar to those afforded…

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Thinking about when to open Common Area Amenities? A Blue-Print to a Successful Re-opening

Community associations across the state are wrestling with the idea of opening common area facilities after closure due to COVID-19.  Residents are becoming increasingly restless under the state’s stay-at-home order; naturally, they desire to use their community association’s recreational amenities (“Amenities”). “When can we use the pool?  When will the…

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How Quickly Must HOAs Bring Suit Against Homeowners for Violations of the Governing Documents?

*Asked & Answered Asked– Is the Board of Directors required to bring legal action, within a certain timeframe, against a homeowner, who is violating the association’s governing documents? Answered – In most circumstances, the association has five (5) years to bring legal action against violating homeowners pursuant to the Statute…

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Can an Association Prohibit Smoking Inside the Units?

*Asked & Answered Asked – Can a homeowners’ association prohibit owners from smoking within the interior of their units? Answered – The California Legislature has recognized that homeowners associations (“HOAs”) require flexibility in adopting and enforcing “operating rules” governing the use of common areas and “exclusive use” common areas (or “Restricted…

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A Member in Our Community Tested Positive for COVID-19 – What Do We Do?

*Asked & Answered Asked –We just found out that two homeowners in a community we manage are infected with COVID-19 and they are currently self-isolating in their Units. What must be done on our end and what information can we disclose to help prevent the spread? Answered – Even if…

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Managing the Coronavirus – A Discussion of Preliminary Board Concerns

Over the last few business days, our firm has received several calls regarding the Coronavirus (COVID – 19).  We understand the obstacles created by COVID – 19 because successful association governance depends upon engaged community involvement and personal interaction. The purpose of this blog post is to provide a brief…

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There is no Such Thing as a Free Lunch – Or a Free Clubhouse: Implementing Reasonable Limitations on Political Speech and Assembly Rights in California HOAs

We have just passed the two-year anniversary of California Civil Code 4515. This is the law that protects certain rights of members and residents to political speech and peaceful assembly within California community associations. With election season in full swing, it is important for Boards and management to be reminded…