Articles

Reader Questions - How Exclusive is Exclusive Use Area? Part 2 Sep 16, 2019

Hi Kelly,

I live in a condo complex in which the restricted common area is the front and back yards of each unit. The board says it has the authority to grant permission to...

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Recall Questions: Part 2 Aug 26, 2019
 

Kelly,

Our HOA recently had a total board recall and election. The new (self- appointed) president handed out terms based on votes received, with three two-year

...
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Recall Questions: Part 1 Aug 19, 2019

Dear Kelly,

In our recent HOA election, one new member was elected but resigned six weeks later. There is an all-out war between the four remaining directors. All business

...
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Reader Questions - Conduct Policy With a Forced Waiver? Aug 05, 2019
 

Kelly,

Our board instituted an ethics policy for all directors and committee members. The first requirement is that all nominees for directors sign a confidentia...

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Reader Questions - Is It My Parking? Jul 22, 2019

Good morning Mr. Richardson,

I discovered a problem with my deeded garage. Long story short my deed does not reflect the garage I was given. I have been fighting to retriev...

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Reader Questions - Can’t We Have a Satellite Dish? Jul 08, 2019

Dear Kelly,

I am in an HOA of free-standing homes. Our CC&Rs require that satellite dishes cannot be visible from common areas or HOA streets. Yet, several members have ins...

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Reader Questions - Investing, Growing, and Withdrawing Reserve Funds Jun 17, 2019

Kelly,

I am a member of my HOA board. Our prior management company had done all of our investments (from our direction) for our reserve funds. FDIC insured CD’s were used a...

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Spending Reserve Account Interest, Disclosing Reserves Electronically Jun 10, 2019

Dear Mr. Richardson,

Our HOA has operating and reserve investment funds. The monthly assessments include amounts to increase the reserve account balances. Interest earned o...

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Reader Questions - What Amount of Reserves Does the Law Require? Jun 03, 2019

Dear Kelly,

Is there any legal requirement for the reserves to be at any levels or is it a recommendation by the state? Can an HOA be taken over by the state if it is under...

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Reader Questions - Can I/They Keep My/Their Exclusive Use Area Change? May 27, 2019

Dear Mr. Richardson,

Many years ago, I was allowed by the board to raise the height of my deck. I paid for the architectural change. No board member or manager since has ev...

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Reader Questions - Freedom of Speech and Assembly May 13, 2019

Dear Mr. Richardson,

Our board is considering banning informal meetings in common areas. To me, this sounds like a violation of the constitutional right of assembly, but ar...

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Reader Questions - Is This Exclusive Use? May 04, 2019

Dear Mr. Richardson,

If a club in the HOA wants a locked storage space, is it considered exclusive use?

W.S., Escondido

 

Dear W.S.,

Exclusive use common area is defi...

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