Articles

Reader Questions: Who’s the Boss - Manager or Board? Oct 30, 2023

By Kelly G. Richardson, Esq., CCAL

Mr. Richardson: I am president of an HOA with management whose performance has been lackluster. Lackluster is characterized by little to no...

Continue Reading...
Reader Questions: Who Watches the Managers? Oct 23, 2023

By Kelly G. Richardson, Esq., CCAL 

Hello Mr Richardson: What entity oversees/regulates HOA management companies in California?
Thank You, C.W., Santa Barbara

Kelly: What sta...

Continue Reading...
Good News in 2024 for HOAs – Reduced Quorums Oct 15, 2023

By Kelly G. Richardson, Esq., CCAL 

HOAs often struggle to attain “quorum”, meaning the minimum member participation needed, to conduct board elections. Developer-drafted byl...

Continue Reading...
Guidelines for Purely Virtual Meetings Oct 08, 2023

By Kelly G. Richardson, Esq., CCAL

In 2024, Civil Code 4926 will permit 100% virtual meetings along with the current in-person and hybrid meeting formats. Readers have submit...

Continue Reading...
Purely Virtual Meetings Will Be Legal in 2024 Oct 02, 2023

By Kelly G. Richardson, Esq., CCAL

One byproduct of the pandemic was the explosive growth of virtual meetings for board meetings, and there has been confusion for three years...

Continue Reading...
Board Doesn’t Act, And Then Won’t Inform Us When They Do! Sep 25, 2023

By Kelly G. Richardson, Esq., CCAL

Dear Mr. Richardson: We are hopeful you can shed some light on these issues in our HOA:

Board members are elected for 2-year terms.  Our b...

Continue Reading...
Reader Questions: Can the Board Enforce That? Why Don’t They? Sep 17, 2023

By Kelly G. Richardson, Esq., CCAL

Dear Kelly: My HOA has made a bulk of the daily hours reserved for private use in our fitness rooms and saunas. Is this legal without a cha...

Continue Reading...
New Appellate Ruling Okays Board Email Discussions Sep 10, 2023

By Kelly G. Richardson, Esq., CCAL

There is a transparency law within the Davis-Stirling Act called the “Open Meeting Act,” containing requirements regarding governance trans...

Continue Reading...
Can Meetings Be Purely Virtual? Sep 04, 2023

By Kelly G. Richardson, Esq., CCAL

Dear Kelly: The last in person meeting [our HOA] held was August 2022 and it was the annual meeting.  Since then the monthly meetings have ...

Continue Reading...
Reader Questions – Are HOA’s Communist? Aug 25, 2023

By Kelly G. Richardson, Esq.

Hi Kelly: It is my opinion, we the homeowners have no rights in being run by a board of directors, a management company as well as the law. Sound...

Continue Reading...
Are The CC&Rs Stale? Aug 19, 2023

By Kelly G. Richardson, Esq. 

Our Association has one board member who I’ll call “Rick.” “Rick” keeps repeating the same mantras: “Our CC&Rs are so old they aren’t enforceabl...

Continue Reading...
Board Eligibility; Ballots After Failed Election Aug 12, 2023

By Kelly G. Richardson, Esq., CCAL

Dear Kelly: Our bylaws require 2-year residency before eligibility to serve on our board, BUT we’re desperate for a treasurer with experien...

Continue Reading...