Articles

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...

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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...

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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 ...

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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...

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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...

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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...

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The HOA’s Disciplinary Action Was Flawed, Now What? Aug 08, 2023

By Kelly G. Richardson, Esq.

Question: Our HOA egregiously violated Davis-Stirling rules by not offering due process to a resident fined for an alleged architectural misdemea...

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Can They Charge Transfer Fees? Jul 31, 2023

By Kelly G. Richardson, Esq., CCAL  

Kelly, thank you for your column. Someone who just moved told me that there is an HOA transfer fee of over $800, however it was reduced t...

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Avoid These HOA Myths Jul 24, 2023

By Kelly G. Richardson, Esq., CCAL

There are HOA myths that are harmful. Here are some of the most common ones.

Governing documents are boilerplate. Most HOA homebuyers read...

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What If We Can’t Fill Enough Board Seats? Jul 17, 2023

By Kelly G. Richardson, Esq., CCAL

Dear Mr. Richardson: I live in an association with several hundred members where it is quite often difficult to fill our seven-member board...

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Tips Regarding Bare Walls Property Insurance Jul 10, 2023

By Kelly G. Richardson, Esq., CCAL

Quite recently, two of the largest residential property insurance companies announced major cutbacks in California. State Farm announced it...

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Should We Hire a Member? Jul 02, 2023

By Kelly G. Richardson, Esq. 

Hi Kelly: Three of the members of our HOA board are employed directly or through service contracts with the master community company. They hold ...

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