Articles

Reader Questions - Can Board Just Give Them Some Space? Oct 30, 2017

Dear Mr. Richardson,

My HOA has a board that changes all the time. People with agendas run and many times they leave after one year. The question is whether the HOA can con

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11 Sure-Fire Ways to Frustrate HOA Elections Oct 16, 2017

Most associations have member voting at least annually, and the process required by statute applies to all HOAs, whether 2 units in Redondo Beach or 3,000 units in Oakland. Av...

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Reader Questions - Mary Jane in HOA Unit 420? Oct 09, 2017

Dear Mr. Richardson,

I live in California where it is legal to grow 6 cannabis plants. What can our HOA do about this?

P.F., Newport Beach

Dear P.F.,

As you know, Cali...

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Reader Questions - When Fines Are Not Fine (Enough) Oct 02, 2017

Dear Mr. Richardson,

Am I correct in my thinking that our Board can set up a fine schedule without the vote of the membership?

Thank you,

A.P., Newhall

Dear A.P.,

Ass...

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Conflicts of Interest: When to Step Aside Sep 18, 2017

If one is involved in a decision affecting or involving that person uniquely as opposed to the community generally, that is a conflict of interest. Directors and committee mem...

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The Rules on Rules May 29, 2017

It is important to create good association operating rules and to make sure the rule topics required by statute are also covered, but all that is wasted if the association fai...

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When Laws Collide: Child Safety Or Discrimination? Apr 17, 2017

Common interest development associations (aka “HOAs”) are governed by both state and federal Fair Housing laws. Fair Housing laws prohibit “familial status” discrimination, wh...

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The Drought Emergency is Over. Back to Business as Usual? Apr 10, 2017

On April 7, 2017, Governor Brown issued Executive Order B-40-17, formally ending the drought emergency, which can be read in its entirety at https://www.gov.ca.gov, the Govern...

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New Year, and New HOA Laws (in 2017) Dec 12, 2016

2016 was a relatively quiet year for HOAs in Sacramento, with only three bills passing to become law in 2017, and another law taking effect in 2017 from a 2014 bill. Another s...

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No Kangaroo Courts Allowed: Disciplinary Hearings Nov 14, 2016

If everyone followed the Golden Rule (“do unto others…”), association disciplinary hearings would be rare. Unfortunately, hearing are a necessary, regular, and unpleasant boar...

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Reader Questions - Can Boards Pass Any Rule They Want? Nov 07, 2016

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

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Reader Questions - Who Prepares Delinquency Policy, and Who Votes On Special Assessment? Oct 31, 2016

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

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