Impact of AB 130: May California HOAs Still Impose Daily or Ongoing Fines?
The recent enactment of Assembly Bill 130 (AB 130) has prompted widespread discussion across the California homeowners association (HOA) industry regarding the future of continuing or daily fines for ongoing violations of an HOA’s governing documents. While the statute now caps disciplinary fines at $100 per violation under Civil Code §5850(c) (absent a health and […]
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 […]
Whose Yard is it Anyway? Part I: Homeowners’ Speech
Part I: Can HOAs restrict homeowners’ speech? For individuals residing in common interest developments, the constitutional right to free speech is not applicable. While many believe that they have a right to freely express themselves by posting signs, banners, flags, and religious symbols on their own properties, they may be surprised to learn that their […]
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 […]
What the Cluck? Addressing Backyard Chickens in HOA’s
It is becoming increasingly popular to raise chickens in suburban and even in urban areas. Chickens offer a continuous source of fresh eggs and arguably help with pest control. Conversely, chickens can be loud, messy, attract coyotes, and arguably are best suited for rural, country life. Because many municipalities have legalized raising chickens in residential […]
How to Determine Whether Compliance Fines are Reasonable
*Asked and Answered Asked – How long should homeowners associations levy compliance fines against non-compliant Members before transferring the files to legal counsel? Answered – Monetary penalties (also known as “fines”) should be levied against non-compliant homeowners so long as the purpose of the fines is to deter the homeowners’ unwanted behavior and resolve their outstanding violations. […]
Unmasking Your HOA’s Common Area Facilities
California has lifted its indoor mask mandate for vaccinated individuals. While most HOA industry professionals took the position that the mask mandate did not apply to common interest developments and the HOAs that govern them because such facilities are not “places of public accommodation” (see Carolyn v. Orange Park Community Ass’n (2009) 177 Cal.App.4th 1090), […]
Can Private Parties Restrict Parking on Public Streets?
*Asked and Answered Asked – Can Homeowners Associations Restrict Parking on Public Streets? Answered – Possibly. The restrictions set forth in the CC&Rs are known as equitable servitudes that “run with the land.” This means that when an owner takes title to the property, he is automatically bound by the restrictions in the CC&Rs, which are […]