FAQs About HOA Law

HOA FAQ
California has an extensive body of law that applies to HOAs. Board members must follow these laws, or the HOA could be liable in a lawsuit. Here are some common questions that our attorneys receive from HOAs. How can the HOA enforce its rules? The HOA has the legal authority to enforce laws by issuing
Read more
No Comments

What Happens if an HOA Board Member Moves or Passes Away?

HOA board member
The Davis Stirling Act requires each HOA to have rules and procedures that govern its elections. When an HOA member passes away or moves, it would trigger the rules that govern elections. Someone who sells their home is no longer a member of the HOA, and they cannot serve in an elected position. The HOA
Read more
No Comments

An HOA’s Duty to Maintain the Premises

HOA attorney
The HOA has a legal duty to maintain the common areas of the premises. If they fail to do so, they can be liable in a lawsuit if someone else has been injured. The HOA owes a duty to the homeowners to keep the common areas in reasonable conditions. Premises liability law demands that the
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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.
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments