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HOA Lawyer Blog

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HOA Communications with Homeowners: Methods of Delivery?

*Asked & Answered Asked – Is it true that the law requires an Association to send notifications and communications to the homeowners via USPS only? Answered – No. An Association’s governing documents may require that certain types of communications with homeowners be sent via USPS. However, in the event that…

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Shining Some Light on Architectural Review of Solar Energy Systems

*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…

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Imposing Fees on HOA Members who Rent out their Homes?

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…

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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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Granting Exclusive Use of Common Area: Approval Required?

*Asked & Answered Asked – Our Board wants to grant homeowners exclusive use of our Association’s common area storage closets and also charge a fee to such homeowners wanting exclusive use. May they do this without membership approval? Answered – Probably not. Civil Code § 1363.07 substantially restricts an Association’s…

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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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Right to Withhold Assessments because of Dispute with Association?

*Asked & Answered Asked – Our CC&Rs require my Community Association to maintain the landscaping along a walkway leading up to my home. If the Community Association keeps neglecting to maintain the landscaping along the walkway, can I withhold my assessments until they finally do so? Answered – No. The…