Articles

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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Reader Questions - Who Fires the Bad Contractor? Aug 15, 2016

Hello Kelly,

A company that the general membership voted to select is performing work at our complex. In researching the selected company’s contractor’s license, it was dis

...
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Border Protection: Observing Boundaries in the HOA Jul 25, 2016

Advising associations was for many years occasionally quite stressful, as I would sometimes advise clients which would reject that advice. However, one of the defining moments...

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Reader Questions - Associations Suffer From Quorum Failure Jul 04, 2016

Mr. Richardson,

I have been on our HOA board for eleven years, we have an election every year but we never receive enough ballots from owners to meet quorum. We have to go

...
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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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Membership Quorum May 30, 2016

Although most HOA decisions are made the board, some of the most important ones must be by membership vote. However, an amazing number of associations struggle to attain quoru...

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Board Quorum May 23, 2016

In order for a common interest development to make a membership decision or board decision, “quorum” must first be attained. Quorum is a Latin word meaning “of whom”, but basi...

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