Expanded Scope of ‘Judicial Deference’ – Authority to Impose Short-term Renter Fees
*New Case Law In the landmark case of Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249 (“Lamden“), the California Supreme Court established what is known as the “Rule of Judicial Deference” or “Lamden Rule” that, in sum, requires courts to defer to decisions made by a HOA’s Board of Directors regarding […]
Hardwood Flooring & ‘Nuisance’ Noise
*New Case Law Homeowners within condominium developments are typically granted broad authority in making improvements to the interior of their respective Units that do not require modification of association common area. However, because of the way in which condominium projects are built, certain improvements made within a Unit may ultimately impact the quiet use and […]
Personal Food Gardens Becoming a Nuisance?
*Asked & Answered Asked – Fallen and decayed vegetables from a homeowner’s garden are attracting numerous rats and other pests. With the new law permitting personal food gardens, is there anything our HOA can do to address this issue? Answered – Probably. AB 2561, effective January 1, 2015, added Section 1940.10 and 4750 to the […]
AB2104 Signed: Low-Water Using Plants; Watering During Droughts
*New Legislation We have previously blogged about several bills being considered by the California Legislature relating to drought relief. Among them was AB2104 (Gonzales), which has now been signed by Governor Brown and will take effect January 1, 2015. In sum, AB2104 will expand upon the limitations placed upon Homeowners Associations (“HOAs”) in their efforts […]
Riding Motorized Scooters in HOA Common Areas?
*Asked & Answered Asked – We have continued problems with unruly, unsupervised, and destructive children in our community’s common areas. They ride motorized scooters, skateboards, bikes, etc. all throughout our walkways and have collided with people and animals on several occasions. Our property manager said that nothing can be done because any rules aimed at […]
Non-residents Accessing HOA Property? Be Wary of Prescriptive Easements
An easement provides an individual with the legal right to a specific and definable use of another’s property. A homeowners association’s (“HOA’s”) governing documents (i.e., “CC&Rs”) often provide numerous easement rights to its members for access and use of the HOA’s common areas and recreational facilities. While those easement rights are reserved for the benefit […]
HOA Restrictions on Electronic Cigarettes (E-Cigs)
The popularity of electronic cigarettes (“E-Cigs”) has increased in recent years. In light of unknown health risks, many state and local governments are passing laws restricting the sale and use of E-Cigs. Homeowners Associations (“HOAs”) are following this trend and adopting rules prohibiting their use in common areas. Questions have surfaced regarding the extent to […]
HOA Dealing with Unruly Tenants?
*Asked & Answered Asked – A renter/tenant within our community is continually engaging in improper conduct, violating the governing documents, and causing nuisances that are impacting surrounding homeowners. Is there anything the HOA can do to evict the tenant? What steps can the Board of Directors take to prevent situations like this from happening in […]
Community Website for our Homeowners Association?
*Asked & Answered Asked – Is it common for an association to create a website and share certain information via this website with owners/residents of the community? If yes, what are the regulations? Answered – Yes. A community website can be a valuable and effective communication tool by allowing residents to access homeowner association (“HOA”) […]
HOA Legislative & Case Law Update (2014) Now Available!
Our “Annual Legislative & Case Law Update” newsletter for the year 2014 is now available in our library! The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2014. The new legislation includes, among other items, the re-organization of the […]