HOA Liability for Injuries
Monday, 30 November 2020
One responsibility of homeowner associations (HOAs) is to maintain common areas of the common interest development in question. HOAs assess dues from homeowners for this maintenance, and the association should use dues to ensure all common areas are kept in a reasonably safe condition for all homeowners and visitors. But what happens when an HOA
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Qualifications for HOA Board Candidates
Monday, 30 November 2020
Homeowner associations (HOAs) are strictly regulated by California law, including who can become a candidate for an HOA board. Recently, state law has limited restrictions on candidates, allowing more homeowners to try to become directors. HOAs and their members should always ensure they do not unduly restrict qualified people from running. A bill passed in
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New California Law Regarding HOA Rental Restrictions
Wednesday, 21 October 2020
Governor Gavin Newsome signed Assembly Bill (AB) 3182 into California law on September 28, 2020. This provision further limits an HOA’s ability to restrict homeowners’ abilities to rent out their properties. The measure is hoped to help with the homelessness and housing crisis in California, and this, in part, aims to make more affordable housing
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Hiring a New Management Company for Your HOA
Wednesday, 21 October 2020
Many homeowners associations (HOAs) hire management companies to maintain and repair the property and common areas. In some cases, your HOA board might not be satisfied with aspects of the management service, and you might want to look for a new one to take over. There are different aspects to this process, and it is
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Requirements for the HOA Election Process in California
Wednesday, 21 October 2020
In 2020, new changes took effect regarding HOA elections in California under Civil Code 5100. There are several changes that every HOA should have implemented this year, and the following is a brief overview. For HOAs with more than 6,000 members, elections can be settled by votes of acclamation when there are not more candidates
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Common Reasons for HOA Litigation
Thursday, 10 September 2020
Many legal issues can arise when you are serving on an HOA Board. Our Los Gatos HOA attorneys aim to resolve any legal disputes involving HOAs in an efficient manner, including through mediation or arbitration. However, certain situations might arise in which a party – such as a homeowner – files a lawsuit in civil
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HOAs Might Need Collection Assistance
Thursday, 10 September 2020
An important function of homeowner associations (HOAs) is to assess and collect dues from homeowners. These dues provide funding for common area maintenance and other projects and services provided by the HOA for the community. However, anyone on an HOA Board can tell you that homeowners can be delinquent in paying their dues, and collecting
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Does Your HOA Board Need Legal Counsel?
Thursday, 10 September 2020
If you are serving on your HOA Board of Directors, you might be thoroughly familiar with the common issues that face residents of your community. However, you might not have significant legal knowledge needed to address complex disputes or concerns that might arise. In fact, your HOA Board might not have anyone with such legal
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Should You Revise HOA Documents?
Friday, 14 August 2020
Homeowner associations (HOAs) are not legally obligated to amend their documents after certain periods of time. However, if HOAs do not amend documents regularly – about once every five years – it can have certain adverse effects. These effects can include: Outdated provisions can mislead directors regarding their responsibilities and duties. The documents might not
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Architectural Standards for HOAs in California
Friday, 14 August 2020
A major task of an HOA is to enforce standards and guidelines for the architecture of the homes overseen by the association. Courts in California have recognized that critical functions of an HOA include: Preserving the aesthetic quality of properties Maintaining property values Upholding standards for the character of a neighborhood so that it is
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