There is no substitute for expertise. HOA law is what we do.

Published on: | by

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 windows and doors.

Lawyers are often asked by HOA Boards of Directors and Community Association Management whether or not their HOA’s architectural rules and regulations will be upheld in a court action. The answer is generally yes, provided that the HOA:

  • • Has established clear guidelines/rules as to acceptable locations for the installation of improvements;
  • • Has a history of consistent enforcement of their rules and regulations as to all homeowners;
  • • Has utilized all internal administrative procedures, such as providing a clear an timely denial of an architectural application
  • • Has, in the event of homeowner noncompliance, used the correct enforcement procedures (such as cease and desist correspondence, disciplinary hearings, Alternative Dispute Resolution, etc.) prior to resorting to litigation.

This process was recently confirmed in the Suprior Court of San Diego County case of Chapala Management Corporation v. Stanton, 186 Cal.App.4th 1532, 2010 (“Stanton”). The homeowners in Stanton refused to submit to the HOA’s architectural rules and regulations when installing new windows. Efforts to resolve the dispute through non-judicial measures were unsuccessful. The court ultimately ruled for the HOA largely because the HOA had demonstrated the elements listed above. The court issued an order allowing the HOA to enter the homeowner’s property to modify the windows, at the homeowner’s expense, if the homeowner voluntarily failed to do so within a specific timeframe. The court also ordered the homeowner to pay the HOA’s attorney’s fees and costs with interest.

hoa laws Litigation is an expensive option of last resort. However, a HOA may be unsuccessful in resolving a dispute with a homeowner over enforcement of the HOA’s architectural rules and regulations. In such a case, where litigation becomes necessary, a HOA’s diligence in detailing its restrictions and in handling its enforcement procedures are vital to ensuring a beneficial outcome.

To read the full text of the holding, click here.

Published on: | by

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 dates in light of the current state of the housing market. The FHA is recommending that condominium recertification be sought six (6) months prior to the expiration of a condominium’s certification in order to avoid disruption in FHA-supported lending.

Initial Project Approval Date
Current Expiration Date
New Expiration Date
1972-1980
12/7/10
12/31/10
1981-1985
12/7/10
12/31/10
1986-1990
12/7/10
5/31/11
1991-1995
12/7/10
7/31/11
1996-2000
12/7/10
8/31/11
2001-2005
12/7/10
9/30/11
2006-2008(Sep.)
12/7/10
3/31/11

Condominium projects that will require full project approval packages for recertification are those with initial project approval dates prior to January 1, 2000. Condominium projects with initial project approval dates on or after January 1, 2000 are eligible for the streamlined recertification process. All condominiums that have not been recertified within the six-month period prior to the new expiration date (above) will be required to submit for full project approval rather than submitting a package for streamlined recertification. Packages for recertification are usually submitted by lenders through the HUD Review and Approval Process (HRAP) or by qualified lenders through the Direct Endorsement Lender Review and Approval Process (DELRAP); however, the condominium association, the management company, or an attorney or project consultant on behalf of the association or management company may apply for recertification. The recertification process requires submittal of the following documents:

1. General Information:

  • FHA Condo ID
  • Project address
  • Description of the property – lot, block, plat
  • Month/year of completion, or completion date of each phase
  • Name & contact information of the individual requesting recertification

2. Condo legal documents:

  • Recorded plat map with legal description
  • Recorded CC&R’s
  • Signed & adopted Bylaws
  • Articles of Incorporation filed with the State
  • Recorded condominium site plans

3. Financial Documents:

  • Budget (Actual, not older than 12 months)
  • Fannie Mae Form 1073a
  • Reserve Study (if budget and Form 1073a are insufficient)

4. Management Agreement (financial info may be redacted)

5. FEMA Flood Map:

  • LOMA, LOMR or Elevation Certificate

6. Evidence of Required Insurance Coverage:

  • Master Flood Insurance Policy
  • Liability Insurance
  • Hazard Insurance
  • Fidelity Bond Insurance

7. Date that transfer of control occurred

8. Pending Litigation and whether association is in receivership/bankruptcy (does not include routine foreclosure actions by lenders)

9. Pending Special Assessment(s) and purpose

10. Total number of planned phases in project

11. Total number of units in planned phases

12. Total number of units

13. Number of owner-occupied units

14. Number of tenant-occupied units

15. Number of units vacant and unsold

16. Number of bank-owned units (REO)

17. Number of investor-owned units by investor

18. Number of units more than 30 days in arrears on assessments (include REO)

19. Number of defined affordable housing units

20. Number of defined rent stabilized units

21. Percentage of commercial space

22. Whether the condominium legal documents have been changed since the project was initially FHA approved, and whether the changes affect eligibility of the project

hoa laws HOA Boards of Directors and Community Association Management are encouraged to confirm the original date that the condominium project was approved by the FHA in order to ensure that recertification is obtained prior to the new expiration date.

Condominium project approval dates can be obtained at the following web address: https://entp.hud.gov/idapp/html/condlook.cfm.

Contact Information
Orange County (HQ)
,
(949) 588-0866
San Diego County
,
(858) 550-0866
Riverside County
,
(760) 862-9835
Los Angeles
,
(213) 805-7285
San Francisco Bay Area
,
(650) 425-9444

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Tinnelly Law Group, A Professional Corporation. All rights reserved.
JUSTIA Law Firm Blog Design