Defining HOA “Membership” & “Ownership” Status for Registered Domestic Partners
*Asked & Answered Asked – Our Association’s By-laws state that you must be an owner of the Association to be eligible for election to the Board. Would the registered domestic partner of the person on title be considered an owner in the State of California under California Community Property Law? Answered – Not in this […]
Can HOA Enforcement Actions Equate to Discrimination?
The recent, unpublished opinion in Radell v. Park Wilshire Homeowners Association (2011) illustrates the importance of fully complying with prescribed HOA enforcement procedures. In Radell, the Plaintiffs alleged that the Willshire Bark Homeowners Association (“Association”) Board of Directors (“Board”) “committed a series of discriminatory acts intended to diminish the presence of Puerto Rican women in […]
New Data & Analytics Firm Seeks to “Bridge the Gap” Between the Mortgage Industry and HOAs
A new subsidiary of a national asset management firm has been founded to help resolve some of the problems experienced by Homeowners Associations (“HOAs”) and the mortgage industry in the resale of foreclosed and defaulting residential properties. A press release by the newly formed company, Sperlonga Data and Analytics, states that HOA claims for unpaid […]
Turning up the Heat on HOA Collection Practices
The increase in assessment collection efforts by Homeowners Associations (“HOAs”) is being seen nation-wide. States like California, Nevada and Texas are currently debating new legislation aimed at making some drastic, and potentially harmful, reforms to the ways in which HOAs can pursue and collect delinquent assessments. In California, there is a proposed bill that would […]
Credit Card Processing of HOA Assessments: Good Idea?
Associations are required to levy regular and special assessments sufficient to perform their obligations under their governing documents and Ca. Civ. Code §1366(a). Associations may encounter difficulties in getting their members to pay assessments on a regular and timely basis. In response to these difficulties, some Associations are providing credit card processing of assessment payments […]
HOA To Install CA’s Largest Residential Solar Water Heating Project
More and more Associations throughout California are considering the implementation of alternative energy sources as a mechanism to reduce their operating expenses. An Association in San Jose will begin construction on the largest solar water heating project in the state later this month in an effort to reduce its water heating bills. The Association is […]
Board Member Qualifications: Defining “Ownership” for a Trust Beneficiary
*Asked & Answered Question – One of our incumbent Board Members was recently discovered to be the beneficiary of a trust that holds title to her home. The title was transferred by Grant Deed to the named Trustee many years ago. The Board Member asserts that she is an owner and thus eligible to serve […]
Short Sales and Delinquent Assessments
*Asked & Answered This economic downturn has dealt a serious blow to the assessment revenue of Associations throughout California. Almost every Association is dealing with several delinquent homeowners. One Board Member recently submitted a question on our site asking what happens to an owner’s delinquent assessments if the owner sells his property in a short […]
Property Owners Entitled to Compensation from State
Property owners in a partially-built Northern California subdivision may be compensated by the State for flooding damage to their properties. A Sacramento County Superior Court ruling in April held that the state violated the constitutionally property rights of the property owners by allowing the local lake to flood the surrounding landscape. The California Coastal Commission […]
Purchaser of Home Foreclosed by HOA Entitled to Recover Repair Costs from Redeeming Homeowner
In an effort to collect unpaid assessments, Associations have the power pursuant to California Civil Code Sections 1367(a) and 1367.1 to record a lien on the offending property and subsequently enforce that lien through foreclosure. After the foreclosure sale, California Code of Civil Procedure § 729.035 states that “the sale of a separate interest in […]