Articles

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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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 the first...

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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 are attended

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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 unnecessarily panic associ...

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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, from

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Reader Questions - Should We Worry About Upcoming Change in law? Aug 29, 2016

Dear Mr. Richardson,
I have read your article on exclusive use common areas and don’t get whether in a planned development the decks and balconies are in this category. [In o

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Federal Government HELPS! New Law Eases Condominium Lending Requirements Aug 08, 2016

While HOA law is primarily a state law issue, federal government is increasingly involved, in issues including housing discrimination, satellite dishes, amateur radio antennae...

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Reader Questions - Assessments: Must They Pay THAT? Jul 11, 2016

Dear Mr. Richardson,

I’ve lived in my condo 3 years. Since I’ve been here the association dues have skyrocketed. The management claims assessments are owed. Is there some l

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The Open Meeting Act: A Checklist Jun 20, 2016

The Open Meeting Act is a law within a law, found within the Davis-Stirling Common Interest Development Act at Civil Code Sections 4900-4955. A common misconception is that co...

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