Articles

Reader Questions - Is it Exclusive Use Common Area? Part 3 Sep 23, 2019

Hi Kelly,

I was interested in your recent answer that a club’s storage space would not be considered exclusive use common area. Statewide there are thousands of HOAs with s...

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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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What and Where Is “Exclusive Use Common Area”? Part 1 Sep 09, 2019

The typical condominium project consists of three categories of property – the “separate interest” (normally called the “unit”), the common area, and a subset of common area c...

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Changes in Condominium Lending Rules Sep 03, 2019

The Department of Housing and Urban Development (HUD) has issued revisions to its condominium lending rules, effective October 15, 2019. In 2009 HUD began predicating FHA cond...

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Senate Bill 323: More “One Size Fits All” For HOAs Aug 12, 2019
 

Senate Bill (SB) 323 (Wieckowski) is now pending in the Assembly after passing through the Senate. The bill originally proposed to significantly expand election pro

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They Won’t Pay, Now What? Jul 15, 2019

When a homeowner fails to pay their share of the association expenses, the board is duty-bound to pursue the unpleasant but necessary task of compelling the member to pay. The...

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Tips Regarding HOA Committees Jun 24, 2019

Most associations find committees helpful. Here are some tips to maximize their value to the HOA:

1. Committees can be “ad hoc,” i.e., temporary, or ongoing

Committees typic...

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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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Open Forum: Drudge or Jewel? May 20, 2019

The “Open Meeting Act” (Civil Code Sections 4900-4955), requires at Section 4925(b) that all membership meetings and board meetings have a time set aside for members to speak....

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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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2019 Bills Proposing New HOA Laws Are A Mixed Bag Mar 18, 2019

This year Sacramento presents another spring season full of ideas for HOAs – some bad, some good, and some well-intentioned but needing revision.

SB 323

Senate Bill 323 is a...

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