With the passage of Assembly Bill 349, Homeowners Associations' (HOA) Board of Directors and their management companies or attorneys should review the Community's architectural and landscaping requirements or rules and regulations relating to permissible and...
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Short-Term Vacation Rentals and Homeowners Associations (HOAs)
If you would like to rent out your condominium unit on short-term vacation rental websites like Airbnb or Craigslist - be careful! Property owners often do not consider the rules and regulations of their Homeowners Association ("HOA") before doing so. As one San Diego...
Our California HOA Rules limit Renting of our Units, but Our Declaration of Conditions, Covenants and Restrictions (“CC&Rs”) permit Renting of our Units
Which HOA document controls whether or not a unit can be rented? The CC&Rs are deed restrictions on all of the properties. As such, as to what you can and cannot do on, in or around the property is controlled by the CC&Rs. The HOA is permitted to pass Rules,...
Our HOA Documents do not conform to the new Davis Stirling Act. Does our documents or the Davis Stirling Act control what we do?
Generally, if there is a conflict between statutory law and a provisions in an HOA document, the statutory provisions will control - that means the provisions in your documents which conflict with the statutory provisions are void. Effective January 1, 2014 the...
Deliquent HOA Dues and Collection is an Area of Case Law to Watch
In the Huntington Townhouse Association, Inc. vs. The J.M. Trust (2014 WL 17300) the Appellate Division of the Orange County Superior Court in a case involving foreclosure of an assessment line, found that the HOA must accept partial payments of the HOA Dues and...
