Overzealous Board Members: Understanding the Scope of the Board’s Authority to Enforce the Governing Documents
Homeowners associations (“HOAs”) are governed by a group of volunteer members known as a “Board of Directors” (“Board”). Their primary responsibilities include: (1) managing the common areas, (2) managing the HOA’s finances, (3) setting policies to assist in the operation of the HOA, and (4) enforcing those policies along with the HOA’s governing documents. The […]
Dog Parks: Best Practices for Limiting an HOA’s Liability Exposure
One of the many benefits of living in a homeowners association (“HOA”) is the amenities provided to its residents. Common amenities include recreational rooms, pools, and fitness facilities. One amenity gaining in popularity is designated for the community’s canine companions: dog parks. Dog parks provide dogs with a designated off-leash area where they can run, […]
Droning On and On…Should Associations Use Them to Catch Violators in the Act?
Serial dog poop litterers, unauthorized parking of vehicles, architectural violations, smoking nuisance—the list goes on and on when it comes to common “repeat violations” that a homeowners association (“HOA”) encounters on a day-to-day basis. With the increasing number of repeat violations and limited number of HOA board members and property managers, questions have surfaced whether […]
The Modern Age of Social Media and the Need for Regulation Within Homeowners Associations
Like it or not, we live in the age of social media. It is undeniable and has dramatically transformed the way we communicate in every arena, including homeowners associations (“HOA”). Information, opinions and images are broadcast and circulated at a rapid pace with little or no oversight involved. These unfiltered transmissions over social media airwaves […]
Can an Association Create and Enforce Rules that Only Apply to Children?
*Asked & Answered Asked – Our Association is seeking legal guidance regarding children playing in the common areas and driveways. Several homeowners have complained about the number of children playing without supervision. Drivers report their concern for the children’s safety as there have been several reports of children almost hurt. The Board would like to know if they […]
THOU SHALT NOT REMOVE THE MEZUZAH: California Legislature Enacts SB 652 to Protect Displays of Religious Items on Doors and Doorframes
*New Legislation On July 30, 2019, SB 652 was signed into law by Governor Gavin Newsome in response to several incidents in which a homeowner’s association (HOA) asked a resident to remove a mezuzah from their unit’s entry door or doorframe. A mezuzah is a small scroll that is affixed to the doorframe of Jewish […]
Workplace Harassment in a HOA Environment
*New Library Article! Workplace harassment and hostile work environments are nothing new for management professionals. Emotionally charged conversations can become uncomfortable and antagonistic for many managers. Unfortunately, such dialogue frequently crosses the line from demanding direction to demeaning personal attacks. Previously, employer liability for employee claims based on nonemployee conduct was generally limited to sexual […]
Courts Will Defer to the Decisions of Boards Based on Good Faith and Regard for the Best Interests of the Community
In Eith v. Ketelhut (2018) 31 Cal.App.5th 1, a homeowners association featuring estate properties where members maintain fruit orchards and vineyards yielding fruit that can be made into wine and offered to the public for sale required the Board of Directors (“Board”) to determine if sale of products made from fruit produced on the property is […]
Recent California Court of Appeal Ruling Limits Anti-SLAPP Protection for Actions by Board of Directors
*Unpublished Opinion The recent unpublished opinion of Chemers v. Quail Hill Community Association et al. (2018) shines some light on the oft-misunderstood California Anti-SLAPP statute and its effectiveness as a defense for actions by a homeowners association’s board of directors. The Fourth District California Court of Appeal held that certain actions by the board in […]
Regulation of Noisy Vehicles within the Community
*Asked & Answered Asked – We have several vehicles that are “extremely loud” due to their exhaust systems. Even with all windows and doors closed and these vehicles 1/2 way across the complex, there is NO PROBLEM hearing them when they start them. They even set off car alarms near them. Can we ask them to […]