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Real Estate & Property Law

California Condo & HOA Law

Information about legal issues for California condominiums and homeowner associations

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Last Entry: March 28, 2011 at 03:22:54

That HOA or CONDO Attorney (Manager, Board Member, Neighbor, etc.) is a Rat!

Posted on August 08, 2009
In the condo and HOA setting, I often hear something like this: That other attorney (person, board member, neighbor, etc.) is a rat. There is no way this is going to settle without a lawsuit. Are you an attorney that will "attack"? First of all, I will say that I am an attorney that will try and figure out the best way to resolve a legal (or practical, if that comes before me) problem for a client, and a lawsuit is never the "best" way...

Tootin' My Own Horn - About Condo and HOA Law Resources

Posted on August 06, 2009
I do not like to toot my own horn ... it goes against the grain of a midwestern born and bred like me. And I hate spamming and spammers! If you want to get to know me better, I just recently broke into the world of Twitter and Facebook, mainly because I am doing a case study on my own practice and resource offerings using these social networking tools - so I can talk about it with experience behind me at the CAI law conference next January (I am on the agenda!)...

NOW LET'S BE FAIR - HOA AND CONDO BOARDS CAN BE IMPOSSIBLE TOO!

Posted on August 04, 2009
You know what? Boards can be as difficult as owners! Sometimes an HOA board member will ask me, sometimes with an impatient or antagonistic tone: "So, you represent owners too, what's up with that?" What's up is that some Boards are as difficult, obnoxious, stubborn, and unreasonable as some owners...

ATTORNEY FEES IN AN HOA OR CONDO DISPUTE - WHO GETS THE $$?

Posted on July 28, 2009
Here are two unusual questions about financing a lawsuit - and who is suing whom? Question 1: "I'm not sure what to do about my Board of Directors. In our Budget we have attorney fees listed in a column and should be accumulating and we do have a management company...

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Landscape Noise in HOAs and Condos - Is It Negotiable?

Posted on July 28, 2009
II have written alot about noise issues in condos and HOAs. Most involve hard surface floors, children, dogs and such. Here is a new one! From a reader: "I''m emailing now to mention a situation of my own that I've not seen you address, in case the topic is of interest to you or your readers...

Too Many Chiefs and Not Enough Indians in an HOA or Condo Association

Posted on July 27, 2009
Here are a couple of innocent questions about "who's on first" (or, namely, on the Board). Question: " We have a small HOA Board consisting of three members at this moment, designated as the "Board of Directors." With a relatively small condominium complex in a small city, would it not be more appropriate to call ourselves the "HOA Committee" in lieu of "Board of Directors," which seems somewhat 'formal' in a way...

How Would You Like This Job (serving on the HOA or Condo Board)?

Posted on July 24, 2009
I have to ask, how many Boards have lived with these kinds of problems that can go on and on and on and on, well, you get the picture. (From an actual reader, I don't have to make this stuff up!) It's time to say thanks to the folks who serve: "I have spent the better part of today searching the internet, which landed me on your website, The section which covered people who are "problems" was helpful...

Good Standing - Board Members - Dialogue Continued - for HOAs and Condos

Posted on July 24, 2009
I did a blog essentially similar to this in October 2007 and republished it just before this blog. As I said in that text, there is quite a bit of misunderstanding about these terms ("good standing"), and when they can be asserted to prevent someone from serving on the board, and when they can be used to prevent an owner from participating in association elections...

The Saga on Fines in HOAs and Condos Continues ...

Posted on July 18, 2009
It's time for more on fines. I receive a lot of inquiries and questions. Here's one ... (or two) .... "I have read your recent blog regarding fine hearings for "continuing violations" and whether hearings are required. I have a related question for which I would love to see a response on your blog...

REVISITING "GOOD STANDING" - WHY IS IT IMPORTANT?

Posted on July 13, 2009
I did a blog essentially similar to this in October 2007. I was recently asked if a group could republish it. There is quite a bit of confusion and misunderstanding about these terms, and when they can be asserted to prevent someone from serving on the board, and when they can be used to prevent an owner from participating in association elections...

Why Do So Many HOA and Condo Association Mediations Fail?

Posted on July 05, 2009
Mediation seems to me the perfect way to resolve HOA and Condo Association disputes, whether the parties are the HOA and an owner, or two or more owners, or the Condo Association and a vendor, or all of the above. The forum provides a perfect opportunity for all parties to keep control of the dispute and where it goes...

HOA and CONDO Meetings - Is an Agenda a Requirement?

Posted on June 25, 2009
Alot of people have questions about HOA and Condo meetings, what is required, how can owners participate, is an agenda a requirement, how much power should management have, etc. I am tackling some of the questions I have received recently about meetings in this and some companion blogs...

HOA and CONDO Board Meetings-May Members Participate?

Posted on June 25, 2009
Ctd. from an earlier blog ... Pt II Alot of people have questions about HOA and Condo meetings, what is required, how can owners participate, is an agenda a requirement, how much power should management have, etc. I am tackling some of the questions I have received recently about meetings in this and some companion blogs...

HOA / CONDO - Questions On Soliciting Nominees and Filling Positions

Posted on June 23, 2009
Here are some questions I recently received about soliciting nominees, qualifications, and filling positions: Soliciting Candidates "Is it written in the law or is it simply a recommendation, that a written solicitation be mailed to the owners at least 30-60 days prior to sending out the ballots?" Answer: There is nothing in the law that requires sending out a solicitation letter to the members; however, my position would be that it is in line with having a fair election...

HOA / CONDO Association Rules Violations & Due Process - The Continuing Debate

Posted on June 17, 2009
There is a continuing debate going on about HOA and Condo Association hearings. And it is an interesting one. Debate is healthy. It stirs interest in a topic. The point under discussion: what is required of a board to address a situation where there is a continuing or recurring (someone wrote and asked me to stop using re-occurring which is fine with me) violation of the rules? And what is the difference between continuing and recurring? I think we all agree that continuing means something that goes on day to day without changing, such as a paint color or vehicle parked without being moved...

Must an HOA or Condo Board Allow "The Accused" to Confront Witnesses?

Posted on June 16, 2009
As part of a series on hearings (see E-Newsletter for June on the subject of whether multiple hearings are required for continuing or re-occurring fines - in the E-news Archives at http://www.californiacondoguru.com), I thought I would write about my opinion on whether owners subject to disciplinary action have the right to "confront witnesses"...

WHOM AND HOW MAY AN HOA OR CONDO OWNER CONTACT THE BOARD? VENDORS?

Posted on June 16, 2009
Here are a couple of questions that came in recently, a bit unusual as the questions go, but pertinent: Can by law a home owner in a condo complex get in touch with a board of directors member thru email ? There is no law on this. Boards are not required to accept or respond to emails, so if the Association policy is to communicate otherwise, such as coming to a meeting and addressing the Board during homeowner forum time, or the old fashioned "write a letter" method, I would suggest following it...

SHOULD HOA BOARDS LET OWNERS KNOW WHO IS BEING FORECLOSED?

Posted on June 10, 2009
I have written a lot about foreclosures, bankruptcies and delinquencies and know they have put a lot of strain on homeowner associations and everyone associated including the "dues-paying" owners and all HOA vendors. I have received an email that I believe deserves answering, although you may not agree with my answer - and you are certainly entitled to your own opinion...

HOA and CONDO Disciplinary Hearings - Which is Best? Open or Closed Sessions?

Posted on June 01, 2009
While we are on the subject of enforcement (did you see the last post on fines?) there are other prickly issues to consider. We were talking about the California Civil Code section that speaks to what matters can be heard in executive session ... and disciplinary actions are included (see Civil Code Section 1363...

HOA and CONDO Association Fines -How Many Hearings Are Required!

Posted on May 31, 2009
In case you missed it, there has been a discussion on the website of a colleague about what is required with regard to fine hearings. Question: is there a hearing required every time that a fine is being considered for a violation of the rules or other governing documents? Some legal practitioners (firm of Adrian Adams, see www...

Does and HOA or Condo Owner Have To Pay Assessments Even If Their Home is Foreclosed?

Posted on May 29, 2009
I get this question at least two or three times a week. Question: I'm not sure if I need an attorney. My condo was recently foreclosed. Now I have received a complaint from my HOA for dues that I did not pay before my condo was foreclosed. I thought they would take the money that I owed through the foreclosure, but I guess they never opted to get their money through the foreclosure proceedings...

CONDO DIRECTOR ON THE CHAT LINE - DOES THAT MEAN TROUBLE??

Posted on May 26, 2009
Lots of people want to know whether owner "chat lines" are a good idea. They can be. It is nice to have a way that homeowners can communicate ideas, questions, etc. ... at least in theory. The downside is that many people forego proper web or internet etiquite, forget their manners, whack off a message without thinking about it before hitting send, develop a contrary persona behind the shield of the computer, and/or fail to think before acting, and sometimes a chat line can become a really toxic, devisive thing for a homeowners association...

Earthquake Retrofit Information - A Great Resource

Posted on May 19, 2009
Many associations and owners read the articles on my website that relate to earthquake insurance and can see that I believe the insurance is very important and that if a board is considering dropping it, doing due diligence with regard to all options and presenting owners with proper information is really critical...

Posting HOA or CONDO Meeting Minutes on an Open Website - Why Not?

Posted on May 13, 2009
In a recent message a very astute Board member asked me the question that follows about meeting minutes. The Board and manager were at odds about posting board and membership meeting minutes on the HOA website that was not password protected (not because of legal advice but because of cost savings)...

CHOOSING AN INTERNET MARKETING SPECIALIST

Posted on May 12, 2009
This is a little off topic of HOAs per se but meant for all, including vendors who serve HOAs and Condo Associations. I do not tout many vendors or products through the website or this blog and especially avoid "vending" for people with whom I do not have specific working experience...

Charging Owners For Repairs - What is Protocol?

Posted on May 12, 2009
When may an association charge owners for repairs? A recent question that came through on email related to an owner who had received a bill for some work done on the outside of his home, which I presume is in a condo development. This is the question: "My condo association has sent me a bill for supposed repairs damage done to the stucco outside our garage...

Work Parties - Workers Compensation Coverage - Is It Necessary?

Posted on May 09, 2009
Questions often arise for Boards about workers compensation insurance. Should a board purchase it for the association even if there are no employees; does it cover board members who are running errands or doing any physical jobs for the association, does it cover work committees, does it protect the HOA when someone is hurt on the job working any construction project? I have been providing some thought provoking articles about ways to save money these days, and some of the discussions involve work parties and a discussion of the risks...

Looking For a New Manager? ECHO To The Rescue!

Posted on May 06, 2009
I am going to write a few blogs on finding a manager, starting right here and now. Here is the trigger question for this quest: "I would like to have the management contract put out for competitive bid. But I do not know how to even start going about doing this...

More on Hardwood Floors/Allergies/Intolerable Noise

Posted on May 06, 2009
Some days questions come in that make me take pause as there is no easy resolution. Here is one that recently came in: "We have a section in our CC&Rs that state that no unit can install hard-floor coverings when they live above a unit, and/or make alterations that will increase the sound transmission from one unit to another...

CHOOSING A VENDOR FOR AN HOA - INCLUDING MANAGEMENT

Posted on May 06, 2009
Boy, is this a great subject. A question from a reader about how the process works to choose a manager or get the board to put contracts out to bid caused me to do some research and talk to some friends in the "biz" and I came across a GREAT blog article on the subject which can be found on the same site that hosts my blog, namely, communityassociations...

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