What Types of Rules Can HOAs Enforce?

HOA rules
The HOA has the responsibility to enforce a number of rules on behalf of homeowners. However, the HOA can only enforce rules that are legal in the first place. One of the main rules that the HOA can enforce is about the appearance of a home. The homeowner can only make changes with the approval
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Is Your HOA in Compliance with the Law?

HOA compliance
Both California and the federal government have laws that apply to HOAs. On the state level, there is an extensive body of law that HOAs must follow that regulate practically every area of operations. On the federal level, HOAs must comply with fair housing and equal access laws. California’s Davis-Stirling Act provides legal standards that
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How Collections Work for HOAs

HOA collections
Homeowners may owe the HOA money for back dues or fines. If the homeowner does not pay these dues in time, the HOA may make reasonable collection efforts. An HOA may use a number of methods to get homeowners to pay debts. An HOA will usually begin by sending the delinquent homeowner a demand letter
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Creating HOA Committees

HOA committees
HOA board members may need additional assistance in doing their jobs. There may be certain sub-issues that they want more information and help with that they cannot do personally. Homeowners who are not on the board may also have expertise and time that could be valuable. Accordingly, they may create committees. HOA committees can take
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Insurance Issues for HOAs

HOA insurance
There are many ways that an HOA could either sustain damage or incur potential liability. An HOA maintains numerous common areas where residents and others may pass. In addition, there is potential liability when an unhappy owner files a lawsuit against the HOA. For various reasons, an HOA would need one of several insurance policies.
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Is Your HOA Planning a Holiday Party?

HOA law
HOAs may try to build a sense of community around the holidays by organizing a party. While there are benefits of getting neighbors together, there may also be risks that you should consider and manage. When done properly, bringing neighbors together furthers the common good. One of the first questions is whether the HOA can
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Stay on Top of California HOA Laws

California HOA Laws
The California State Legislature continuously passes new laws that affect HOAs. Millions of people throughout the state live in these developments. Thus, continuously fine tuning regulations is in the legislature’s best interest. Legislators are continuously being lobbied to change policies, both by groups of homeowners and HOAs themselves. These new laws often take effect at
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What are Considered HOA Common Areas?

HOA common areas
In general, a common area in an HOA is a space or amenity that is equally available for all homeowners. These areas must be maintained by the HOA as opposed to by the individual homeowners. Laws that protect equal access, including disability regulations, will apply to the common areas. California law defines a common area
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Can an HOA Evict a Resident?

The attorneys at Pratt & Associates help HOAs deal with difficult situations that require legal help.
An HOA does not have the power to evict a resident in the same way that a landlord would. If a homeowner is failing to follow the HOA rules, the association could enforce its rules by assessing fines. If the homeowner does not pay the fines, the HOA could foreclose on the property. These are
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Responsibilities of HOA Board Members

HOA Board Members
In general, the HOA has three primary areas of responsibility. They are: Maintaining and repairing the HOAs common areas Managing the HOAs finances and budget Revising and enforcing the rules of the HOA If you are an HOA board member, you may find yourself doing the following: Participating in decisionmaking Selecting and overseeing the HOAs
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