Community Association General Counsel – California
Articles
Legislative Alert for 2019
New Laws Association Finances (AB 2912) – Amends Civil Code §§ 5500 and 5380; Adds Civil Code §§ 5501, 5502, and 5806. The new law takes effect on January 1, 2019 and significantly changes the review and management of common interest developments’...
They Say You’re a Little Much for Me, You’re a Liability
They Say You're a Little Much for Me, You're a Liability: Swimming Pools, Gyms, Playgrounds, Clubhouses, Tennis Courts and More Let’s start here: The common area amenities in our developments are one of the major advantages to purchasing a home in a common...
To Kill a Lawsuit
To Kill a Lawsuit Risk Reduction and Avoiding Litigation “Best way to clear the air is to have it all out in the open.” -Atticus Finch (To Kill a Mockingbird) You might be surprised to hear a lawyer say litigation is not always the best course of action....
Do not Trick, Hide or Cheat: Ethical Duties in our Industry
Do not Trick, Hide or Cheat: Ethical Duties in our Industry "We make a living by what we get. We make a life by what we give." -Winston Churchill Please recognize that the topic of ethics is as broad as space and this in no way is an attempt to provide...
BOARD MEMBER FIDUCIARY DUTY: A Nuts and Bolts Approach
BOARD MEMBER FIDUCIARY DUTY: A Nuts and Bolts Approach Most board members and community managers have probably heard or been told that a member of the board of directors owes a fiduciary duty to the homeowners association. Most board members and community...
Avoiding Political Turmoil in Your HOA
Avoiding Political Turmoil in Your HOA These days, the idea of having politically charged meetings in the common area clubhouse may make your Board of Directors nervous, and rightfully so. Civil Code Section 4515 took effect January 1, 2018. The law states...
Why Condominium Associations Need a Solar Energy System Policy
Why Condominium Associations Need a Solar Energy System Policy A California law that took effect January 1, 2018 permits condominium owners to request HOA permission to place solar energy systems on common area roofs or an exclusive use common area garage...
How Associations Can Have Entertainment for Their Members Without Getting into Trouble
CACM Regional Forums – Spring 2017 How associations can have entertainment for their members without getting into trouble! I. How associations can show movies and play music without incurring liability. A. Associations need a “public performance” license...
New Community Association Laws for 2018
Buyer Disclosure Form and Manager Disclosures to the Board (AB 690)-Amends Civil Code §§ 4528, 4530, 5300, and 5375; Amends Bus. & Prof. Code §11504; Adds Civil Code §§ 5375.5 and 5376) Requires modifications to an association’s buyer disclosure form to specify...
Revised FHA Guidelines Will Strongly Impact Eligibility Of Condominium Developments For FHA Financing
Newly Revised FHA Guidelines Will Strongly Impact Eligibility Of Condominium Developments For FHA Financing Federal Housing Administration (FHA) recently enacted revisions to its Condominium Project Approval Process. A condominium project must be approved by FHA in...
FAA Regulations meet Drones for HOA’s
Do New FAA Regulations of Unmanned Aircraft Systems Provide Relief to Associations that Encounter Intrusive Drone Use? I’m often asked by my common-interest community clients what they can do in relation to drones that are flown within their communities. At times, the...
SB800 Has Changed the Procedures and Standards that the Association Must Comply With to Resolve Claims of Construction Deficiencies
In General, SB800 Has Changed the Procedures and Standards that the Association Must Comply With to Resolve Claims of Construction Deficiencies. 1. SB800 Has Entirely Redefined the Rights and Responsibilities of Purchasers, Sellers and Builders With Regard to...