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
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HOA Election Rules in California

HOA election rules
California HOA laws require that each HOA have rules that govern their elections. A recent amendment to the law gave even more requirements for HOAs to follow. Their rules must be detailed and cover many situations relating to votes taken by the membership. Election requirements do not just apply to votes for directors and members
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What are Special Assessments?

special assessments
If you live in an HOA community, you know you have to pay regular dues to contribute to the upkeep of the community. However, there are additional costs you might incur called special assessments, and these can be costly and difficult to plan for. If your HOA tries to demand excessive special assessments, you should
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Common Areas and HOAs

HOA attorney
One benefit of living in a community with an HOA is that you have the right to use well-maintained common areas. These might include lobbies, courtyards, fitness rooms, pools, and more. Different HOAs have different rules regarding who can use which common areas and who is responsible for the upkeep of such areas. Such rules
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The Structure of an HOA Board

HOA attorney
Each HOA is run by a board of directors, who have the power to execute the bylaws and govern the property. The bylaws will specify the positions on the board and their powers. Here are some of the positions that you may find on an HOA board and what they do. President – The president
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Common HOA Covenants and Restrictions

HOA attorney
HOA covenants are essentially the rules about what homeowners can and cannot do with their property. Living in an HOA, they do not have an unlimited ability to do whatever they want. The covenants and restrictions enforce uniformity and help maintain property values for all homeowners. HOA covenants begin with the things that you need
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Are Your HOA Dues Unreasonable?

HOA attorney
When HOA dues are too high, it impacts the value of HOA properties. People factor in all monthly costs when they are deciding how much they can pay for a home. It also leads to unhappy homeowners, especially when the high dues are the result of one-time or yearly hikes. Some aggrieved owners may even
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San Jose, CA HOA and Real Estate Attorneys

real estate attorneys
California has many complex laws that govern real estate transactions, land use issues, and homeowners associations (HOAs). Not only should all real estate matters comply with all relevant laws and regulations, but there is also the chance that private parties will disagree, someone might breach a contract, or something else might happen that results in
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What to Do if there is a Problem with Your HOA

HOA boards
Many homeowners enjoy the benefits of a homeowner’s association (HOA) – that is, until problems arise. Then, an HOA can be a difficult entity to deal with. If you have a conflict arising with your HOA, you should always remain calm and polite, but if you believe your rights are being violated, contact a California
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How to Properly Amend CC&Rs

HOA attorney
When a homeowner’s association (HOA) puts in place specific covenants, conditions, and restrictions (CC&Rs), they are expected to last and be followed by all homeowners in the community. However, times change, and some rules might not be warranted or appropriate, and one or more homeowners might want the CC&Rs changed. There is a process to
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