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HOA Lawyer Blog

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Recording Blanket Requests for Title Information

New legislation enables a HOA to record a single request for title information on all defaulting properties within the Association… Effective January 1, 2011, AB 2016 (Torres) permits a Homeowners Association (HOA) to record a single request for title information on all defaulting properties within the Association. Before this bill,…

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Chapala Management Corp. v. Stanton, (2010)

A HOA was successful in enforcing its architectural restrictions with respect to a homeowner’s unapproved installation of windows. Chapala Management Corporation v. Stanton(2010) 186 Cal.App.4th 1532 OPINION Defendants and appellants Thomas Stanton and Donna Stanton replaced two windows in their condominium with “sandtone” colored windows after the condominium association, Chapala…

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Upholding HOA Architectural Restrictions & Enforcement Procedures

A HOA’s diligence in detailing its restrictions and in handling its enforcement procedures are vital to ensuring its success in court… Many disputes arise between Homeowners Associations (“HOAs”) and homeowners over the HOA’s architectural rules and regulations. These disputes often involve enforcement of restrictions on unapproved structural installations, such as…

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FHA Supported Lending: New Expiration Dates for Recertification of Condominiums

The FHA has issued new expiration dates for recertification of condominiums to be eligible for FHA supported lending… Content by Terri A. Morris The condominium project approvals granted by the Federal Housing Administration (FHA) expire two (2) years from the date of approval; however, the FHA has issued new expiration…

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Cal. Corp. § 8330

Nonprofit Mutual Benefit Corps> Records, Reports and Rights of Inspection> Rights of Inspection> § 8330. Demand; persons; authorized; reason; alternative proposal California Corporations Code § 8330Demand; persons; authorized; reason; alternative proposal (a) Subject to Sections 8331 and 8332, and unless the corporation provides a reasonable alternative pursuant to subdivision (c),…

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Email Addresses in Membership Records

A 2010 court decision may compel an HOA to include member email addresses in satisfying a member’s demand to inspect membership records… The recently decided case of Worldmark v. Wyndham Resort Development Corporation, 187 Cal.App.4th 1017 (2010), may subject Homeowners Associations (“HOAs”) to new requirements when members make demands to…

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Worldmark v. Wyndham Resort Dev. Corp., (2010)

A nonprofit mutual benefit corporation may be obligated to provide member email addresses in satisfying a member’s demand to inspect corporate membership records… WorldMark v. Wyndham Resort Development Corp.(2010) 187 Cal.App.4th 1017 COUNSELRomero, Park & Wiggins, H. Troy Romero; Baker Hostetler, Peter W. James, Thomas D. Warren and Lisa I.…