Insurance Issues for HOAs
Thursday, 05 January 2023
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?
Sunday, 04 December 2022
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
Sunday, 04 December 2022
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?
Sunday, 04 December 2022
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?
Thursday, 03 November 2022
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
Tuesday, 04 October 2022
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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What is an Accessory Dwelling Unit?
Tuesday, 04 October 2022
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
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Who is Responsible for Paying HOA Repairs?
Tuesday, 04 October 2022
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.
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Can Owners Speak at HOA Meetings?
Tuesday, 06 September 2022
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
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Can Homeowners Sue Individual HOA Board Members?
Tuesday, 06 September 2022
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
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