Articles
Hi Kelly,
I’m confused between rules and CC&R’s. Our board, over the years, has implemented new rules. How is this different than making changes to the CC&R’s, which would
...
Attorney Richardson,
We were recently informed by our management company that under the Davis-Stirling Act, we now need to have a collection policy in place. We also need t
...
Mr. Richardson,
Shouldn’t the board be pursuing legal action against homeowners who are in-default of their association fees? I spoke with one of the members of the Board,
...
Hi Kelly,
Thanks for your weekly articles. I have 2 questions.
First, should the Board conduct the election meeting, allowing the manager to assist, advise and count ballo
...
It is a basic truth that the risk in any venture should match the reward. High risk investments should bring high yields, while low returns may be acceptable for very secure i...
The Business Judgment Rule protects directors from personal liability if the board errs. Courts have repeatedly given deference to decisions made within the Business Judgment ...
Association directors are unpaid, serving their neighbors as volunteers – is it fair that they can be sued for the decisions they make? The Business Judgment Rule is the first...
Dear Sir,
You have mentioned the open meeting law. You still have not addressed the board going into secret meetings called executive sessions. These meetings are attended
...
In 2000, a new “toxic mold” panic swept the country, and sixteen years, untold lawsuits, and billions of dollars later, major myths still plague and unnecessarily panic associ...
Hi Kelly,
Recently, some board members from other HOAs and I got together to discuss issues we have in common and best practices other HOAs have tried. One president, from
...
Dear Mr. Richardson,
...
I have read your article on exclusive use common areas and don’t get whether in a planned development the decks and balconies are in this category. [In o
Dear Kelly,
There is a pending vacancy in our board, and our new president hinted that he will name his wife to the vacancy. I don’t see anything in our laws that prevent t
...
