News

So, what does the “Inspector of Elections” do, anyway?

by Robert DeNichilo, Esq., CCAL | Dec 6, 2019

The role of the inspector of elections can be a confusing mystery to members asked to serve in that role and to managers who may not really know what the job involves. Too often the inspector of elections is not appointed before the election process starts, and owners are frequently asked to serve in the role to open and count ballots at the time of the meeting set for that purpose.

California Opens the Door to Accessory Dwelling Units in Planned Development Communities with Assembly Bill 670

by Matt D. Ober, Esq., CCAL | Nov 19, 2019

The California Legislature has paved the way for the “granny flat” or “mother-in-law unit” in your community. Formally termed the Accessory Dwelling Unit (ADU) this ever-popular form of housing is...

Comprehensive Community Association Elections Reform Legislation Imposes Strict Standards for Elections and Board Qualifications

by Matt D. Ober, Esq., CCAL | Oct 16, 2019

Governor Newsom has signed into law perhaps the most sweeping legislation targeting a community association’s ability to self-govern. Senate Bills 323 and 754 together present the greatest...

All About LA’s EBEWE Ordinance

by Tamara Yeritsyan | Aug 1, 2019

Recently I received a telephone call from a worried client who was contacted by an unscrupulous vendor who insisted that the association will be heavily penalized in the event it does not comply...

Court of Appeal Upholds Association’s Prevailing Party Status

by Jonathan R. Davis | Jul 29, 2019

R|O attorney Jonathan R. Davis successfully defended a matter in the Court of Appeal against a homeowners association. After a neighbor filed a lawsuit attempting to force the Association to sign a...

Upcoming Webinar – The Unpleasant Business of Member Discipline: A Primer

by Megan Rothi | Jul 17, 2019

Thursday, August 22nd at 1 PM Associations have governing documents, and enforcing those documents is one of the unpleasant realities of community association governance and management. Can managers...

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Community Association Articles

Senate Bill 563 Brings Sweeping Changes to The Open Meeting Act and How Community Association Boards and Their Managers Conduct Association Business

by Matt D. Ober, Esq., CCAL | September 9, 2019 | Community Association Articles | 0 Comments

The Open Meeting Act (Civil Code Section 1363.05), first passed in 1995, has been amended and expanded several times over the years; however, the changes which took effect in January 2012 SB 563...

Bored with Board Meetings? Basic Tips To Reduce Meeting Length

by Matthew A. Gardner | July 30, 2019 | Community Association Articles | 0 Comments

Are you one of those associations that have to corral your directors for board meetings? Have you ever been tempted to look up the language in your bylaws to see whether you can disqualify...

Read My Lips – Raise My Assessments… and Spend Them Too!

by Matthew A. Gardner | July 1, 2019 | Community Association Articles | 0 Comments

How many politicians would get elected on a promise to raise taxes every year? Not many, because people want their government to do more for less. And yet that is exactly what we expect from...

One Man’s Trash is Another Man’s Treasure – Part Two of Four

by Jonathan R. Davis | June 11, 2019 | Community Association Articles | 0 Comments

This four-part series outlines an association’s legal obligations when dealing with unchaperoned personal property – which may include items that appear to be trash, but could be of value...

One Man’s Trash Is Another Man’s Treasure – Part One of Four

by Jonathan R. Davis | May 9, 2019 | Community Association Articles | 0 Comments

Community Associations Must Exercise Caution When Removing Personal Property in Common Area Due to Potential Legal Exposure As children, most of us are taught to clean up after ourselves and...

Understanding the Manager’s Role vs. The Board’s Role – Communication is Everything

by Matthew A. Gardner | May 1, 2019 | Community Association Articles | 0 Comments

Experienced directors learn that delegation is essential to effective community management. No board, or individual director, can or should be juggling all of the tasks it takes to make a...

Simply the Best

by Kelly G. Richardson, Esq. CCAL | January 1, 2019 | Community Association Articles | 0 Comments

[As Published in the January-February 2019 issue of “Common Ground,” the magazine of CAI] A community association is no better than the board of directors who leads it. The board serves as...

Avoiding Election Missteps: 8 Tips for a Winning Outcome

by Matthew A. Gardner | November 6, 2018 | Community Association Articles | 0 Comments

If practice makes perfect, association elections should be a breeze. However, overlooking even the smallest parts of the election can cause chaos. California Civil Code Sections 5100-5145...

Megan’s Law Disclosure

by Matt D. Ober, Esq., CCAL | November 5, 2018 | Community Association Articles | 0 Comments

Access To Information About Registered Sex Offenders Many states have passed so called “Megan’s Laws” which provided limited public access to Registered Sex Offender information. California’s...

Handling Solar Equipment Installations

by Matt D. Ober, Esq., CCAL | November 5, 2018 | Community Association Articles | 0 Comments

Given the increased interest in home solar power generation, community associations will need to be prepared to process solar equipment applications. There is a myth that boards are...

Restricted by the Amended Open Meeting Act? Learn to Delegate

by Matt D. Ober, Esq., CCAL | November 2, 2018 | Community Association Articles | 0 Comments

Civil Code Section 4900 et. seq. (a.k.a., the Open Meeting Act) leaves very little breathing room to handle an association’s business outside of a properly noticed board meeting. Therefore,...

Need To Appoint Replacement Members To The Hoa Board?

by Matt D. Ober, Esq., CCAL | November 2, 2018 | Community Association Articles | 0 Comments

It should come as no great surprise that when filling vacancies on the board created by resigning or disqualified directors, the role of filling those vacancies is left to the remaining...

A Widespread Drought: Legal and Other Challenges of the Association

by Matt D. Ober, Esq., CCAL | November 1, 2018 | Community Association Articles | 0 Comments

Water conservation is not new to California communities. But the declared statewide drought emergency coupled with water conservation legislation aimed specifically at community associations...

Election Rules: Equal Access to Media and Common Area

by Matt D. Ober, Esq., CCAL | November 1, 2018 | Community Association Articles | 0 Comments

As with many provisions of the Davis-Stirling Act, we look to judicial decisions interpreting the statutes for guidance in applying them in our own communities. With respect to community...

Court Provides Guidance on Who Can Attend Board Meetings SB Liberty v. Isla Verde Association Inc.

by Matt D. Ober, Esq., CCAL | November 1, 2018 | Community Association Articles | 0 Comments

A longstanding issue of ambiguity and occasional dispute arises when a member tries to designate someone to attend a board meeting for them. Civil Code § 4925 (“Open Meeting Act”) states that...

Basic Information Guide for CID Homeowners and Their Boards

by Kelly G. Richardson, Esq. CCAL | October 10, 2018 | Community Association Articles | 0 Comments

Common Interest Development (CID) Basic Information Guide

The Advantages of Judicial Foreclosure in Collecting Delinquent Association Assessments

by Matt D. Ober, Esq., CCAL | September 10, 2018 | Community Association Articles | 0 Comments

Four Methods Of Response Associations in California have four basic options in dealing with delinquent assessments: Inaction, small claims court, non-judicial foreclosure, or judicial...

Aging America: Drawing a Line Between Community Living and Assisted Living

by Matt D. Ober, Esq., CCAL | September 10, 2018 | Community Association Articles | 0 Comments

Many of today’s seniors believe they can forego assisted-living centers and age in place instead. That’s something community associations can’t ignore. Roughly 40...

A Proactive Approach to Controlling Short-Term Rentals in Your Community

by Matt D. Ober, Esq., CCAL | September 10, 2018 | Community Association Articles | 0 Comments

Whether through the Courts, the Legislature or human nature, from drought restrictions to email prohibitions, community associations are often forced to adapt quickly to change in order to...

Improve Your Board Meetings: Drafting a Code of Conduct for the Board of Directors

by Matt D. Ober, Esq., CCAL | September 10, 2018 | Community Association Articles | 0 Comments

A common frustration for managers and association boards of directors is dealing with issues that arise out of conflict with individual board members. At some point we have all heard of the...

Community Association Fair Housing Update

by Matt D. Ober, Esq., CCAL | September 10, 2018 | Community Association Articles | 0 Comments

The Fair Housing Act (FHA) prohibits discrimination in housing on the basis of race; color; religion; sex; national origin; familial status; or disability. In the context of Disability and...

Electrifying California: The Role of California HOAs in Reducing Greenhouse Gases

by Jonathan R. Davis | August 31, 2018 | Community Association Articles | 0 Comments

Under the Global Warming Solutions Act of 1996, California law requires the State to reduce its greenhouse gas emissions by at least 80% by 2050. Transportation is the leading contributor...

Amendments to the Solar Rights Act: Legislating Away Control of Common Area

by Matt D. Ober, Esq., CCAL | August 10, 2018 | Community Association Articles | 0 Comments

Perhaps the most contentious example of forced use of common area for environmental policy purposes concerns the installation of solar energy systems on condominium roofs. The number of...

Is Your Debt Collection Process Fair? California Civil Code vs. FDCPA

by Matthew A. Gardner | May 11, 2017 | Community Association Articles | 0 Comments

It isn’t often that the Community Interest Developments in the State of California find themselves worrying about federal compliance. But there are times when it helps to remember that laws...

“Hey, You Can’t Pray Here!”: Requests for Religious Meetings in Common Area

by Jonathan R. Davis | February 3, 2017 | Community Association Articles | 0 Comments

Religion, like politics, is a topic people typically avoid in polite company. It provokes emotion, elicits strong opinions, and can be deeply personal. As such, religion is a topic that can spark...