*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…
*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…
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…
*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…
*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…
*Asked & Answered Asked – I read your blog post on SB 150 and the new legislation impacting rental restrictions. If I am currently required to provide my HOA with a copy of my lease agreement with my tenant, will I still be required to do so after SB 150…
*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…
*Asked & Answered Asked – Upon being elected to serve on our Association’s Board of Directors, our Management company gave me “Ethics Rules” to sign. These rules are not a part of our CC&Rs or our Bylaws. Am I required to sign the rules in order to serve on the…
I read an interesting article today that discusses the potential legal problems that could arise for Community Associations that contain members of the aging “baby boom” generation. The article references a program, presented in Virginia at a CAI sponsored event, called “Aging-in-Place: The Boomer Community.” One of the program’s co-presenters…
*New Case Law A Homeowners Association (“HOA”) Board of Directors exercises substantial authority and control over the direction and financial well-being of the HOA. Proactive and concerned HOA members often seek election to the Board of Directors in order to deal with perceived problems in the community. Unfortunately, these elections…