Damage to Party Walls – Who is Responsible?
*Asked & Answered Asked – Our association has two homeowners that have requested the association’s intervention to assist with resolving a dispute that has arose from damage to a shared wall. Should the Board get involved? Does the Association have any responsibility to cover the cost to repair the shared wall? Answered – As a general matter, […]
California Legislature Further Limits a HOA’s Right to Restrict Rentals
*New Legislation On January 1, 2012, Section 1360.2 (now Section 4740) was added to the California Civil Code to limit a HOA’s authority to adopt and enforce certain rental “prohibitions.” The legislative intent behind the law was the recognition that “the rights of Owners in [a HOA] to rent or lease their properties, as the […]
HOA Restrictions on Emotional Support Dogs in the Pool Area
*Asked & Answered Asked – Our Association does not allow pets in the pool area, but a resident has recently begun bringing her emotional support dog to the pool-side lounge area. Do we have to let the dog accompany its owner to the pool? Answered – Probably. The Federal Fair Housing Act requires housing providers to […]
Thinking about when to open Common Area Amenities? A Blue-Print to a Successful Re-opening
Community associations across the state are wrestling with the idea of opening common area facilities after closure due to COVID-19. Residents are becoming increasingly restless under the state’s stay-at-home order; naturally, they desire to use their community association’s recreational amenities (“Amenities”). “When can we use the pool? When will the gym be opened?” Boards must […]
A Member in Our Community Tested Positive for COVID-19 – What Do We Do?
*Asked & Answered Asked –We just found out that two homeowners in a community we manage are infected with COVID-19 and they are currently self-isolating in their Units. What must be done on our end and what information can we disclose to help prevent the spread? Answered – Even if there is not a known […]
Realtors Beware: Your Client’s Country Club Exclusion Can Come Back Around to Bite You
*Unpublished Opinion In January 2016, plaintiffs and appellants, Michael Dubasso and Jenny Dubasso (collectively, the “Dubassos”), purchased a home in the Tradition community (“Tradition”) in La Quinta, California. The Dubassos hired real estate agent Kathleen O-Keefe (“O-Keefe”) and LQR Desert Real Estate, Inc. (“LQR”) as their real estate agent and broker, respectively. Shortly after closing […]
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 […]
Recent California Court of Appeals Ruling Demonstrates Broad Reach of Ban on Nuisances
*Unpublished Opinion The Court of Appeals recently rendered an unpublished opinion in Harbour Island Condominium Owners Association, Inc. v. Alexander (2019), which provides some clarity regarding a tenant’s right to attend board meetings and the ban on noxious activities within the community. The Harbour Island Condominium Owners Association (“HOA”) sought a restraining order (known as […]
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 […]
SB 2 Signed: California Legislature Passes the Building Homes and Jobs Act to Address the Affordable Housing Crisis
California is currently facing a serious shortage of affordable housing. The housing crunch is impacting individuals and businesses in all parts of the state. Businesses are having trouble attracting and retaining employees and individuals face longer commute times and overcrowding, among a host of other issues. To combat the affordable housing crisis, the California Legislature […]