*New Library Article AB 805, effective January 1, 2014, will make existing California law pertaining to Homeowners Associations (“HOAs”) more logical and user-friendly. The bill’s primary effect is (1) to renumber and reorganize the Davis-Stirling Common Interest Development Act (“the Act”), and (2) to make various minor changes to the…
*Asked & Answered Asked – My HOA requires a parking decal to park in the community. Is my HOA allowed to enforce its parking rules on vehicles with handicap parking placards that are parked within designated parking areas, but are without the HOA required parking decal? Answered – Yes. Typically,…
*Asked & Answered Asked – The HOA I manage is considering fencing off a portion of its common area to create a “Dog Park” for the residents to use? Can the HOA do this? Answered – Maybe. However, our attorneys would strongly discourage the HOA from moving forward with the…
*Asked & Answered Asked – May our HOA impose fines on homeowners who fail to complete HOA surveys? Answered – Probably not. In general, a homeowners association (HOA) does have the authority to impose reasonable fines to deter violations of the HOA’s governing documents, as well as any rules and…
*Asked & Answered Asked – Does hosting a public bingo game at our association’s clubhouse expose the association to any liability under the Americans with Disabilities Act? Answered -Yes, a homeowners association (“HOA”) that hosts public events at its facilities will need to comply with the rules and regulations of…
*New Resource Various laws have been established to protect the rights of disabled individuals, such as the Americans with Disabilities Act (“ADA”) and the Federal Fair Housing Act (“FFHA”). These laws govern both public and private facilities, and set forth the degree to which an entity, such as a homeowners…
*Asked & Answered Asked – In response to a complaint by a homeowner that her noisy neighbor is causing a nuisance, is her homeowners association obligated to take legal action to remedy the problem? Answered – Maybe. A homeowners association’s (HOA’s) governing documents often contain use restrictions which prohibit homeowners…
*Asked & Answered
*New Case Law More and more homeowners are seeking to utilize the cost-savings and environmental benefits that solar energy systems provide. However, the way in which a homeowner may obtain cheaper and “greener” energy should be balanced against the need for a Homeowners Association (“HOA”) to ensure that such systems…
The additional burdens that renters impose can be substantial for many common interest developments–especially those developments designed as “recreational communities.” Renters who lack a sense of investment in the community or who are unfamiliar with its operational structure can place greater strain on the community’s management and maintenance resources. This…