Articles

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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Reader Questions - Drought’s Over, Must Our Cactus Go Too? Mar 04, 2019

Mr. Richardson,

After my HOA approved my drought-tolerant design, they asked me to add ‘more & bigger plants’ which violates Civil section 4735(e). Are the regulations stil...

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Reader Questions - Recalls, Voting Feb 25, 2019

Hello Kelly,

I enjoy your column and have learned so much from reading it religiously. I have 2 questions:

1. A petition to recall a board member received sufficient signa...

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Reader Questions - Shedding Light on Solar Applications Feb 18, 2019

Hi Kelly,

My HOA sent out a proposed policy for owners wanting to install solar power systems installed on a roof shared with other units. I am not anxious to have any cont...

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Reader Questions - Fair or Unfair Housing Feb 11, 2019
 

Hi Kelly,

I recently read your earlier article on Fair Housing laws being violated by HOAs trying to enforce state-mandated signs that prohibit children from usi...

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Tighter Protection of HOA Funds in 2019 Dec 03, 2018

Assembly Bill 2912

The most important new legislation changing how HOAs will operate is Assembly Bill 2912. AB 2912 began with the statement that its purpose is to “take impo...

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Reader Questions - Open Forum: When Do WE Speak? Oct 22, 2018

Hi Kelly,

Thank you for helping people understand HOA laws!

Civil Code 4925(b) states “The board shall permit any member to speak at any meeting…” (executive sessions excl

...
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Bills That Made It in Sacramento and Some Which Didn’t Oct 08, 2018

September 30 was the last day for the Governor to sign or veto bills passed by the Legislature in 2018. Many bills affecting HOAs were signed, and two were vetoed.

SB 261

Th...

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Recording Meetings, Secret Budget Talks, and a Dictator President Sep 24, 2018

Hello Mr. Richardson,

Our board announced that audio recordings of meetings would no longer be allowed. What are your thoughts on this? Does this action by the board violat

...
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