Articles

The Board Amending CC&Rs and Bylaws? Mar 21, 2022

By Kelly G. Richardson, Esq. CCAL 

CC&Rs and bylaws are governing documents that normally can only be amended by a vote of the HOA membership. However, there are...

Continue Reading...
Reader Questions – Automatic Election Rules; No Ballot Box; and Term Limits Mar 14, 2022

By Kelly G. Richardson, Esq. CCAL 

Dear Kelly: Our board approved the old version of the bill SB323 as is to replace our current election rules. Recently we had our...

Continue Reading...
Election by Acclamation, Self-Campaigning, and Cumulative Voting Mar 07, 2022

By Kelly G. Richardson, Esq. CCAL

Dear Mr. Richardson: Starting in 2022, all HOAs have the option of utilizing the acclamation procedures in Civil Code §5103 when...

Continue Reading...
Reader Questions – A Law That Came Too Late Feb 28, 2022

By Kelly G. Richardson, Esq. CCAL

During the onset of the COVID-19 pandemic, HOAs were presented with a conundrum: Local health authorities prohibited gatherings of more...

Continue Reading...
Reader Questions: Director Proxies, Bare Minutes, and Election Challenges Feb 21, 2022

By Kelly G. Richardson, Esq. CCAL

Hi Kelly, one of our board members sometimes is not available to attend meetings either in person or telephonically and has asked if he...

Continue Reading...
Improperly Posted Agendas Dec 27, 2021

By Kelly G. Richardson, Esq. CCAL

Kelly: Before our monthly board meetings, agendas are provided to each owner the week before the meeting. Occasionally the board schedules...

Continue Reading...
Reader Questions – Do We Have Term Limits? Nov 22, 2021

By Kelly G. Richardson, Esq. CCAL


Kelly, could you elaborate on the newly signed into law "term limits?" We have a 5-member board and 3 members have served many years. If...

Continue Reading...
Reader Questions: No Minutes; No Election; No Eligibility? Nov 15, 2021

By Kelly G. Richardson, Esq. CCAL 

Dr. Mr. Richardson: I’m concerned about my board no longer publishing minutes of their open meetings. I’ve asked for...

Continue Reading...
Vaccine mandates: What Could Requirements Mean for Your Community Oct 18, 2021

by  

This article first appeared on Community Associations Institute (CAI) Ungated.

The continued presence of the COVID-19 pandemic in the U.S....

Continue Reading...
New Laws Approved for 2022 (Part I): Changes in HOA Elections (Again) Oct 18, 2021

 By Kelly G. Richardson, Esq. CCAL

The 2021 Legislative season in California has ended, and five good HOA bills (a record in recent decades) are becoming law. Assembly...

Continue Reading...
Reader Questions and Breaking HOA News: HOAs Can Meet Purely Virtually During Emergency Oct 11, 2021

By Kelly G. Richardson, Esq.


Kelly: With the Governor's executive orders on Covid rescinded in June, is there anything preventing boards from conducting in-person meetings...

Continue Reading...
If It Isn’t There, It Didn’t Happen – Good HOA Minutes Jul 19, 2021

By Kelly G. Richardson, Esq. CCAL

When a corporation acts, its minutes document and prove that it acted. If the minutes do not record that the board of directors by...

Continue Reading...