HOA Obligation to Combat Nuisances?
*Asked & Answered Asked – In response to a complaint by a homeowner that her noisy neighbor is causing a nuisance, is her homeowners association obligated to take legal action to remedy the problem? Answered – Maybe. A homeowners association’s (HOA’s) governing documents often contain use restrictions which prohibit homeowners from conducting activities that unreasonably […]
Charging Homeowners HOA Attorney’s Fees in Violation Hearings?
*Asked & Answered
Shining Some Light on Architectural Review of Solar Energy Systems
*New Case Law More and more homeowners are seeking to utilize the cost-savings and environmental benefits that solar energy systems provide. However, the way in which a homeowner may obtain cheaper and “greener” energy should be balanced against the need for a Homeowners Association (“HOA”) to ensure that such systems will not place additional strain […]
Imposing Fees on HOA Members who Rent out their Homes?
The additional burdens that renters impose can be substantial for many common interest developments–especially those developments designed as “recreational communities.” Renters who lack a sense of investment in the community or who are unfamiliar with its operational structure can place greater strain on the community’s management and maintenance resources. This may not only frustrate other […]
2012 Legislative & Case Law Update Now Available
Our “2012 Legislative & Case Law Update” newsletter is now available in our library! The 2012 Legislative & Case Law Update provides an overview of the new legislation impacting California Homeowners Associations (“HOAs”) and the community association industry professionals who service them. The new legislation includes, among other things, bills that impose new requirements on […]
Drifting Tobacco Smoke in the Condominium Environment
*New Resource The problem of drifting tobacco smoke is an issue faced by many common interest developments, especially condominiums. In response to complaints received by their membership, Community Associations (“Associations”) often wonder what their rights and obligations are under both their governing documents and California law to prevent these situations and to protect residents from […]
Electric Vehicle Charging Stations in Your Community?
In July of this year, Governor Brown signed Senate Bill 209 (“SB 209”) into law. As a result, beginning January 1, 2012, Section 1353.9 will be added to the California Civil Code to restrict an association’s ability to prohibit the installation of Electric Vehicle (“EV”) charging stations (“Stations”). You may have heard of this new […]
Imposing Fines for Member Discipline: How Many Notices are Required?
*Asked & Answered Asked – How many notices do you need to give a unit owner about a rule violation before they are called to a hearing and fined? Answered – Associations generally must provide their members with “due process” before they are able to impose disciplinary measures, such as fines, for rule violations. This […]
New Legislation Impacts Homeowners Association Board Meetings
*New Resource When Senate Bill 563 (“SB 563”) was signed into law this month, the fears of many people within the Community Association industry came true. The new legislation purports to provide better homeowner awareness of the affairs of their respective Associations and the ways in which those affairs are being managed by their elected […]
Requiring Directors to Sign Ethics Rules
*Asked & Answered Asked – Upon being elected to serve on our Association’s Board of Directors, our Management company gave me “Ethics Rules” to sign. These rules are not a part of our CC&Rs or our Bylaws. Am I required to sign the rules in order to serve on the Board? Answered – Generally no. […]