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HOA Lawyer Blog

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Is our HOA Required to Allow Artificial Grass?

*Asked & Answered Asked – Our HOA’s Architectural Committee received an application for a homeowner to install artificial grass in their front yard. Does Civil Code Section 1353.8 (Use of Low Water Using Plants) require us to approve it? Answered – No. Civil Code Section 1353.8 renders void and unenforceable…

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Electronic Balloting May be Coming to HOA Elections

Under the Davis Stirling Act as currently written, common interest developments (“CIDs”) are required to comply with certain procedures for conducting elections. Among other requirements, the Act requires CIDs run by homeowners associations (“HOAs”) to adopt rules and appoint inspectors for the purpose of verifying signatures, counting and tabulating votes.…

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HOA Gets ‘Smoked’ in Nuisance Enforcement Case

The problems posed by second-hand smoke have become a burning issue for California homeowners associations (“HOAs”), expecially condominium developments. A HOA typically does have the authority to adopt operating rules that prohibit smoking in common areas and exclusive use common areas; however, those rules may be insufficient to address problems…

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Recovering Pre-Litigation Attorney’s Fees in HOA Disputes

*New Case Law In our recent blog post entitled “Are Attorney’s Fees for ADR Recoverable?” we touched briefly on the recently decided case of Grossman v. Park Fort Washington Association (2012) 212 Cal. App. 4th 1128 (“Grossman”). In response to requests for more information on this issue from our clients…

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Consequences for failing to distribute HOA annual budget?

*Asked & Answered Asked: Are there any negative consequences or liability that can result from our Board’s failure to distribute the HOA’s annual budget? Answered: Yes. California Civil Code Section 1365 requires a homeowners association (“HOA”) board of directors to prepare and distribute an annual pro forma operating budget to…

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Are Attorney’s Fees for ADR Recoverable?

*Asked & Answered Asked – Are our HOA’s attorney’s fees recoverable when we participate in ADR with a homeowner? Answered – Maybe. Civil Code §1354(c) states that “in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” Alternative Dispute Resolution (“ADR”)…

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Responding to Requests for Accommodation

*New Library Article Civil Code Section 1360 generally requires homeowners associations (“HOA”) to allow a disabled owner to, at the owner’s expense, make modifications to the owner’s units and potentially to the HOA’s common areas in order to accommodate the owner’s disability. When a HOA receives a request for an…