Limitation on Notices of Delinquent Assessments in HOAs was imposed by the court in In re Guajardo (Bankr ND Cal, Mar. 11, 2016, No. 1531452DM) 2016 Bankr LEXIS 769, *8. For the collection of deliquent assessment in HOAs, the general practice has been, and continues...
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HOA
Indemnity Does Not Always Protect HOA Directors (3 of 4)
Indemnity for an HOA Director does not mean a Director can take actions or fail to take actions without incurring liability. To avoid liability a Director must act in accordance with the "business judgment rule" and with diligence.In the case of Palm Springs...
HOA’s – You Have to Turn Over Your Contact Information (2 of 4)
If you live in a community governed by an HOA and you are the owner of the property (separate interest), the State Legislature wants to make sure you receive the notices from your HOA. To accomplish that legislative goal Civil Code § 4041 was adopted and...
HOA’s – You Have to Turn Over Your Contact Information (2 of 4)
If you live in a community governed by an HOA and you are the owner of the property (separate interest), the State Legislature wants to make sure you receive the notices from your HOA. To accomplish that legislative goal Civil Code § 4041 was adopted and...
HOAs – Changes in the Law 2017 (1 of 4)
HOAs subject to the Davis-Stirling Act were not forgotten in Sacramento's annual enactment of ever more regulations. This is the first of four Blogs to address some of the changes in the statutory law in California affecting common interest developments.Maintenance...
HOAs & Mobilehome Parks – Your Rules May Violate FHAA
Most HOAs and Mobilehome Parks have rules intended to protect children and other residents. Unless, the property is age restricted to 55+ or 62+, then such rules violate the Federal Fair Housing Amendments Act of 1988 ("FHAA").The FHAA created a new protected...
Alert: New Law on HOA Reserves
HOA Reserves under the Davis-Stirling Act may be impacted by the enactment of Assembly Bill 968, which amends California Civil Code Section 4775. AB 968 changes the responsibility for exclusive use common areas. The current law under the Davis-Stirling Act effective...
A Motion For Sanctions Can Be Helpful in Litigation
Any member of an HOA board or management company is aware the extreme costs lawsuits can pose to the association no matter how frivolous the suit is. Homeowner's associations can greatly benefit from the use of Motions for Sanctions under California's Code of Civil...
New Regulations for Homeowners’ Associations & Other 501(c)(4) Organizations
Homeowners' Associations and other social welfare organization exempt under IRS section 501(c)(4) are subject new regulations. As part of section 405 of the "Protecting Americans from Tax Hikes Act of 2015", enacted December 18, 2015, certain provisions...
Added Disclosure Requirements for Common Interest Developments
The Davis-Stirling Common Interest Development Act was amended by Assembly Bill 596 which modifies Civil Code Section 5300. Effective July 1, 2016, as part of the Homeowners Association's (HOA) Annual Budget Report required to be delivered to the owners within...
