Using ADR to Resolve HOA Disputes
Tuesday, 31 May 2022
HOA litigation can be expensive and draining for all parties involved. From the HOA’s perspective, while litigation is sometimes a must, it can also place a strain on the budget. Therefore, litigation should only be a last resort when the parties cannot resolve a dispute. There are steps that they can take short of litigation
- Published in Latest News
No Comments
Understanding HOA CC&Rs
Wednesday, 27 April 2022
CC&Rs refer to Covenants, Conditions, and Restrictions. These limit the homeowner’s right to deal with their property as they please. They apply to all homeowners in the HOA. In part, they are intended to promote uniformity and allow all homeowners to enjoy the benefits of their own property. The CC&Rs are essentially the rules that
- Published in Latest News
What Laws Apply to HOAs?
Wednesday, 27 April 2022
There are many laws that apply to California HOAs of which boards must be aware. The failure to follow these laws can get an HOA into legal trouble, both with the state and in a lawsuit. Here are some of the major rules and regulations that HOAs must follow. The major California law that applies
- Published in Latest News
Do You Disagree with the Actions of Your HOA Board?
Wednesday, 27 April 2022
While state laws and the HOA’s own regulations give it power, that power is not unlimited. HOA residents have a right to be heard. If the HOA is following its own rules and enforcing them evenhandedly, it will be on solid legal ground. If not, it could be vulnerable to a lawsuit. When you disagree
- Published in Latest News
Can You Sue Your HOA?
Tuesday, 05 April 2022
HOA boards must be careful how they discharge their duties. Under California law, it is entirely possible for homeowners to sue the HOA under certain circumstances. HOA boards should always get legal help to avoid litigation if at all possible. There are three primary areas where homeowners may sue an HOA. They are: Breach of
- Published in Latest News
HOA Compliance Issues
Tuesday, 05 April 2022
It is essential that homeowners follow the rules in the HOA. After all, uniformity and order are what help preserve property values and provide a pleasant place to live for all homeowners. It is an unfortunate fact of life for HOAs that they often have to struggle with homeowners to get them to follow the
- Published in Latest News
Disability Discrimination in HOAs
Tuesday, 05 April 2022
Federal laws apply to HOAs and their facilities. Depending on the way that the HOA operates its facilities, the following federal statutes could apply: Americans with Disabilities Act – this applies when the HOA has opened its facilities to the general public to purchase passes The Federal Fair Housing Act – this law applies to
- Published in Latest News
What is the Makeup of an HOA Board?
Thursday, 03 March 2022
The HOA board performs a crucial role in a residential community. They are homeowners themselves who have volunteered their time and talents to administer the affairs of their own community. Here is what you need to know about the composition of the board. Each HOA board will have four key positions. They are: President –
- Published in Latest News
Can You Get Elected to Your HOA Board?
Thursday, 03 March 2022
Many homeowners want to make a difference where they live. They may have ideas about how to improve the HOA and make things better for themselves and their fellow homeowners. Serving on an HOA board is one way to do good where you live. Every HOA must have rules regarding elections. The first thing for
- Published in Latest News
Getting Homeowners to Follow HOA Rules
Thursday, 03 March 2022
While HOAs perform a valuable and critical rule, some homeowners do not like being told what to do, and they chafe at rules. HOAs need to enforce their rules without a brutal battle with homeowners. Here are measures that HOAs can use to get homeowners to comply with their rules. It is in a homeowner’s
- Published in Latest News