Articles

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

...
Continue Reading...
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

...
Continue Reading...
Reader Questions - Delinquent Neighbors, “Certified” Managers Oct 24, 2016

Mr. Richardson,

Shouldn’t the board be pursuing legal action against homeowners who are in-default of their association fees? I spoke with one of the members of the Board,

...
Continue Reading...
Risk vs. Reward: How to Make Community Service Fair Oct 17, 2016

It is a basic truth that the risk in any venture should match the reward. High risk investments should bring high yields, while low returns may be acceptable for very secure i...

Continue Reading...
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 ...

Continue Reading...
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

...
Continue Reading...
Reader Questions - Spouses Both Serving as Directors? Aug 22, 2016

Dear Kelly,

There is a pending vacancy in our board, and our new president hinted that he will name his wife to the vacancy. I don’t see anything in our laws that prevent t

...
Continue Reading...
Reader Questions - Do We Pretend Email Doesn’t Exist? Aug 01, 2016

Dear Kelly,
Recently our manager sent the following to the board: “Can I give the homeowner approval to install?” This responded to a board member submitting, on behalf of a

...
Continue Reading...
Reader Questions - HOA or Hotel? Short Term Rental Headaches Jul 18, 2016

Dear Mr. Richardson,

We own a house and a rental house in a homeowners association. The association directors are proposing to raise the HOA dues on rental units because of

...
Continue Reading...
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

...
Continue Reading...
Reader Questions - Leasing Minimums, Tenant Information Jun 27, 2016
 

Kelly,

I enjoy reading your articles. With the issue of renting by the day/week becoming red hot in the San Diego market, can the HOA amend the bylaws/CC&R’s to

...
Continue Reading...
Reader Questions - Forgotten Association, Late Board Packets Jun 13, 2016
 

Dear Mr. Richardson,

The subdivision of single family homes where I live was built [about 20 years ago]. There may have been an HOA at that time, but by the time

...
Continue Reading...