Articles

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...

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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...

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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...

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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,...

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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....

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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,...

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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...

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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...

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Protection For Volunteers: Business Judgment Rule Oct 03, 2016

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...

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Reader Questions - Executive Session: Used or Abused? Sep 26, 2016

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...

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Myths About Toxic Mold Sep 19, 2016

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...

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Reader Questions - Do Chairs Vote, and a Rogue Director? Sep 05, 2016

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,...

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