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Articles Posted in Rules & Regulations

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2012 Legislative & Case Law Update Now Available

Our “2012 Legislative & Case Law Update” newsletter is now available in our library! The 2012 Legislative & Case Law Update provides an overview of the new legislation impacting California Homeowners Associations (“HOAs”) and the community association industry professionals who service them. The new legislation includes, among other things, bills…

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Drifting Tobacco Smoke in the Condominium Environment

*New Resource The problem of drifting tobacco smoke is an issue faced by many common interest developments, especially condominiums. In response to complaints received by their membership, Community Associations (“Associations”) often wonder what their rights and obligations are under both their governing documents and California law to prevent these situations…

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Electric Vehicle Charging Stations in Your Community?

In July of this year, Governor Brown signed Senate Bill 209 (“SB 209”) into law. As a result, beginning January 1, 2012, Section 1353.9 will be added to the California Civil Code to restrict an association’s ability to prohibit the installation of Electric Vehicle (“EV”) charging stations (“Stations”). You may…

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Imposing Fines for Member Discipline: How Many Notices are Required?

*Asked & Answered Asked – How many notices do you need to give a unit owner about a rule violation before they are called to a hearing and fined? Answered – Associations generally must provide their members with “due process” before they are able to impose disciplinary measures, such as…

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New Legislation Impacts Homeowners Association Board Meetings

*New Resource When Senate Bill 563 (“SB 563”) was signed into law this month, the fears of many people within the Community Association industry came true. The new legislation purports to provide better homeowner awareness of the affairs of their respective Associations and the ways in which those affairs are…

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New Legislation Restricts the Ability of HOAs to Adopt & Enforce Rental Restrictions

*New Resource Homeowners Associations (“HOAs”) have traditionally encountered problems with renters in their communities. Because renters do not have an ownership interest in their units and the HOA, they may feel less invested in the community. This often results in renters failing to (1) comply with the HOA’s CC&Rs and/or…

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Board Member Qualifications: Defining “Ownership” for a Trust Beneficiary

*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…

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Homeowners Compelled to Submit to Hoarding Inspections by HOA

Laguna Woods’ United Mutual HOA board voted unanimously this month to adopt a policy to compel residents suspected of hoarding to allow the association to inspect their home. In the wake of the policy’s adoption, the HOA’s board of directors sought to assure the association’s members that the policy would…