*New Legislation AB 2237 was passed in 2012 by the California Legislature to expand the legal requirements for the “contractors” who are required to have a General Contractor’s “B” license from the State of California. The “contractors” who must be licensed are defined in Cal. Business and Professions Code Section…
Articles Posted in Maintenance
Association Reserve Accounts and Reserve Studies
*New Library Article “Always be prepared.” That simple phrase sums up the importance of funding and properly maintaining a reserve account. Accidents and surprise maintenance issues will inevitably pop up. When they do, the HOA that has been properly funding and managing its reserve account will be prepared to do…
Legislative & Case Law Update (2013) Now Available!
Our annual “Legislative & Case Law Update” newsletter for the year 2013 is now available in our library! The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2013. The new legislation includes, among other…
California’s New Fire Prevention “Fee”
Homeowners in California should be expecting a new bill in their mailbox for the calendar year 2011 and onward. The California legislature has passed a controversial new Fire Prevention Fee which will aim to defray the State’s costs for fire prevention services. The new fee–argued by some to be a…
Arbitration Provisions Rise Again in Construction Defect Disputes
*New Case Law On August 16, 2012 the California Supreme Court announced its decision in a case that will undoubtedly impact homeowners associations (“HOAs”), developers, owners and insurers in disputes arising from construction defects. The ruling in Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC sets the stage…
HOA’s Ability to Impose Assessments for Maintaining Exclusive Use Common Areas?
*Asked & Answered Asked – My condominium association is imposing a special assessment against all owners to reimburse it for costs incurred in repairing the structure of an owner’s leaking balcony. Because the balcony is “exclusive use common area” to be maintained by the individual owner, is my association in…
HOA Board Member Access to Homeowner Mailboxes?
*Asked & Answered Asked – Does our HOA Board President have the right to access our locked mailboxes in order to put a name card on the box? Answered – No. There are no Federal statutory provisions specifically addressing this situation; however, no one except the homeowner or the postal…
Association Repair and Renovation Loans
*New Resource As communities mature, the need for major repairs or renovations can become a major concern. Often because of unforeseen problems or insufficiently funded reserves, community associations (associations) are not capable of funding the necessary repairs immediately. In order to avoid a piecemeal repair effort in such situations, or…
New Legislation: SB 880 – EV Charging Stations (Round 2)
In November of last year we discussed the introduction of Senate Bill 209 (SB 209), in our post entitled, “Electric Vehicle Charging Stations in Your Community?” SB 209 as singed into law could be interpreted to broadly require that homeowners associations (Associations) allow electric vehicle (EV) charging stations on common…
HOA Liability for Third Party Criminal Acts
One of the primary purposes of a Homeowners Association (HOA) is to manage and maintain the common areas within a development. Although the specific responsibilities assigned to a HOA may vary greatly depending on the terms of their governing documents, the HOA generally has a duty to act diligently and…