Articles

Reader Questions - Elections: Is That Fair? Jul 24, 2017

Dear Kelly,

I own units in many different HOAs, including one in Huntington Beach.

The HOA board has recently promulgated new rules regarding qualifications required for b

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A Boarding Hearing Notice: Now What? Jun 26, 2017

A notice of a disciplinary hearing is not the best kind of mail to open, but in common interest communities, that is how associations compel owners to be good neighbors. How o...

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Reader Questions - They Won’t Vote! Jun 05, 2017

Dear Mr. Richardson,

I have been a director of a mid-sized association. About 90% of the homes are owner- occupied. For the last three years we have been unable to obtain a

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Does Your HOA Have the Required Rules? May 15, 2017

Operating rules are often called “house rules” or “rules and regulations” by associations in California. Under Civil Code 4350(a), rules must be written, and under Civil Code ...

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Reader Questions - HOA Needs Intensive Care Feb 20, 2017

Hello Mr. Richardson,

Long story short, the members have all been reluctant to get involved on our board for many years. They are all fine with someone else doing it.

Our

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The Board Balancing Act Feb 13, 2017

The ancient Chinese concept of yin and yang deals with opposite and inseparable forces. Common interest developments (“homeowner associations”) have their own “yin and yang” i...

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HOA Annual Checkup – How Does Your HOA Score? Dec 19, 2016

Common interest developments, or homeowner associations (aka “HOAs”) house about one third of Californians, and most new housing stock is established in HOAs. Can buyers deter...

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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 - What Can Managers Spend and Should They Run Elections? Oct 24, 2016

Hi Kelly,

Thanks for your weekly articles. I have 2 questions.

First, should the Board conduct the election meeting, allowing the manager to assist, advise and count ballo

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The Business Judgment Rule: Not a Free Pass Oct 10, 2016

The Business Judgment Rule protects directors from personal liability if the board errs. Courts have repeatedly given deference to decisions made within the Business Judgment ...

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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 - 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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