HOAs & HOA Managers Are Not Required to Resolve Neighbor Disputes
*New Case Law The California Court of Appeals decision in Woolard v. Regent Real Estate Services Inc. (“Woolard”) provides important clarity on the responsibilities of homeowners’ associations (“HOAs”) and community managers in neighbor disputes. It also aligns with what we’ve written previously on the subject of neighbor-to-neighbor disputes: that neither HOAs nor community managers are […]
Regulating Holiday Decorations in Your HOA
As the holiday season kicks into full effect – let the decorating begin! But does your homeowners association have a say when it comes to expressing your holiday spirit? HOA’s often have some control when it comes to regulating the decorations adorning a home, but can the HOA decide if the 20-foot inflatable Santa and […]
Keeping Fines in Check: HOAs Face $100 Cap as AB 130 is Signed into Law
On June 30, 2025, AB 130 was passed by the California Legislature and signed into law by Governor Newsom. This law is effective immediately! The overall goal of the bill was to expedite housing and reduce costs by waiving some CEQA requirements. However, AB 130 affects homeowners associations by amending part of the Davis Stirling […]
HOA Liability FORE Errant Golf Balls
Golfers sustaining injury while out on the links is sometimes “par for the course”. Due to the nature of the sport, California courts consistently apply the “assumption of the risk” doctrine to claims by golf participants against golf course operators for injuries sustained from risks that are inherent in the sport itself. For example: “Golf […]
Knock, Knock,We’re Coming In… Collection and Enforcement Against Deceased Homeowners
Last time we checked, the mortality rate was 100%. This means that owners of real property within homeowners associations (“HOA’s” or “Associations”) will inevitably pass away at some point. This leaves many questions for Boards and management about how to navigate issues surrounding the separate interest still titled in the name of the deceased. Enforcement […]
New ‘Community Association Update Newsletter’ – Issue 57
In case you missed it, Issue # 57 of our ‘Community Association Update’ newsletter is available now! Topics covered in this issue include: AB 1410 – Speech on Social Media; Room Rentals; Enforcement During Emergencies AB 1738 – EV Charging Stations in Existing Multi-Family Developments SB 897 – Accessory Dwelling Units Artus v. Gramercy Towers […]
Evidence of Violations is Necessary
There will come a time when a homeowner violates an association’s governing documents (i.e., CC&Rs, Rules & Regulations, Architectural Guidelines…etc). If there is a possibility those violations will be litigated, the association must have a proper trail of evidence to bolster their claims. Q: What are some types of violations that would need evidence? A: […]
What Happens When a Delinquent Homeowner Dies?
When a delinquent homeowner dies, there is a strict one-year statute of limitations to sue them or to continue a lawsuit against their estate. (Cal. Code Civ. Proc. § 366.2). This is true even if the statute of limitations would have been longer had the person survived. This harsh rule applies even if you did […]
Addressing Requests for Installation of Solar Panels on Shared Common Area Roofs
The rising cost of electricity, environmental considerations, clean energy and tax savings, utility company programs designed to help alleviate the demand on the grid, and the proliferation of affordable residential solar energy systems have made solar power more popular than ever. Consequently, Associations are seeing a sharp rise in homeowner requests to install solar energy […]
Should an HOA Interfere with Parental Rights? NO!
Children are usually considered blessings and a joy to be around. Unfortunately, there is always one slightly rambunctious child who may be prone to causing trouble in Homeowners Associations (“HOAs”). What should an HOA and/or Board of Directors (“Board”) do in such scenarios? Is there anything the HOA can legally do? The U.S. Supreme Court […]