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
Read more
No Comments

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
Read more
No Comments

What is an Accessory Dwelling Unit?

Accessory Dwelling Unit
Homeowners associations are used to being able to restrict what a homeowner can do on their own property because it is an inherent part of an HOA. A new California law allows homeowners to build an accessory dwelling unit on their own property (ADU) regardless of what the HOA covenants, conditions, and restrictions state. An
Read more
No Comments

Who is Responsible for Paying HOA Repairs?

HOA repairs
The responsibility for repairs in an HOA depends on where the problem occurs. There is a general bright-line rule that anything that happens in your unit or is connected to your unit is your responsibility to repair. For example, if an HVAC unit breaks, the homeowner would need to pay for fixing or replacing it.
Read more
No Comments

Can Owners Speak at HOA Meetings?

Mountain View HOA Attorney
Under California law, homeowners associations must hold regular meetings. These meetings are open to homeowners, and they are a forum where homeowners can express their concerns and opinions about HOA business. The Open Meetings Act applies to an HOA board meeting. The only type of meeting that a homeowner does not have the legal right
Read more
No Comments

Can Homeowners Sue Individual HOA Board Members?

HOA board attorney
Like many legal matters, the answer to this question is that it depends.  In most cases, HOA board members have some protection from being sued personally for actions that they take in their HOA capacity. While the HOA board itself can be sued by homeowners, the individual directors are not necessarily personally liable for the
Read more
No Comments

Disputes Over HOA Finances

HOA Finances
HOAs and homeowners may have Financial disputes in a number of areas. The main areas of HOA finances are the assessments and monthly dues that they charge to homeowners.  In addition, an HOA may also levy fines against the homeowner when they fail to follow the association’s rules. One of the common ways that homeowners
Read more
No Comments

HOA Election Overview

HOA election overview
According to California law, each HOA must have its own rules that govern elections. Otherwise, HOA elections could be challenged in court, and the elections (and actions taken by illegally elected directors) could be voided. Here is what you need to know about HOA elections. The election process begins at least 60 days prior to
Read more
No Comments

Calculating HOA Dues

HOA dues
The recent inflationary environment has meant that HOAs are dealing with rising costs on their end. Expenses such as property management and grounds maintenance have shot up along with everything else. HOAs have raised dues to shore up their own finances because of their escalating expenses. HOAs set their dues based on several formulas: Equal
Read more
No Comments

Mediation to Resolve HOA Disputes

HOA mediation attorney
Although litigation is sometimes necessary, it is the worst possible outcome for an HOA. You never want to end up in court unless it is a last resort because it will be expensive and bitter. Mediation is one way for an HOA to potentially resolve issues with homeowners without having to go to litigation. A
Read more
No Comments