News

Addressing Mental Illness In Our Community Associations

Addressing Mental Illness In Our Community Associations

May is Mental Health Awareness Month, and it is impossible to ignore the additional impact on our communities from the COVID-19 Pandemic. Under normal circumstances, we are impacted by the steady rise in occupancy rates in multi-unit residential communities. e challenges of individuals living in relatively close proximity to one another under rules enforced by lay leaders has its stress points that require each of us to develop a higher level of tolerance and a degree of civility.

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Responding to COVID- 19:  How to Manage Your Community While Reassuring Your Residents

Responding to COVID- 19: How to Manage Your Community While Reassuring Your Residents

It’s here. The “Natural Disaster” few saw coming and fewer still think they are prepared to handle. Yesterday, the California Department of Public Health issued a statement that the gathering of 250 people or more should be postponed or cancelled. Smaller gatherings in facilities that do not allow for
“social distancing” of six feet should be cancelled or postponed. Gatherings of people at high risk of illness should be limited to no more than 10 people.

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Don’t Let Covid-19 Stop Your Board Meeting, Electronic Meetings in Times of Pandemic

Don’t Let Covid-19 Stop Your Board Meeting, Electronic Meetings in Times of Pandemic

With schools cancelling classes, organizations cancelling events, and today’s announcement from California Governor Gavin Newsom that California’s public health officials have issued a new policy on public gatherings to help stop the spread of the coronavirus (COVID-19), many boards are wondering if they can hold board meetings electronically. The answer is yes.

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HUD Issues New Guidance on How to Evaluate Requests for Reasonable Accommodation Request for Assistance Animals

HUD Issues New Guidance on How to Evaluate Requests for Reasonable Accommodation Request for Assistance Animals

Over the last several years, community associations have experienced an increase in the number of residents claiming the need of assistance animals. These claims are often supported by documentation readily obtained by answering a few questions online. The ease of qualifying “assistance animals” has led to abuse by those who want to keep a pet, despite association rules and restrictions that might prevent them from doing so. This abuse has also caused confusion for associations without guidance on how to evaluate the claims for reasonable accommodations by residents with a real need for assistance animals.

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Community Association Articles

Don’t Let Covid-19 Stop Your Board Meeting, Electronic Meetings in Times of Pandemic

By Robert M. DeNichilo, Esq., CCAL With schools cancelling classes, organizations cancelling events, and today’s announcement from California Governor Gavin Newsom that California’s public health...

HUD Issues New Guidance on How to Evaluate Requests for Reasonable Accommodation Request for Assistance Animals

By Robert M. DeNichilo, Esq., CCAL Over the last several years, community associations have experienced an increase in the number of residents claiming the need of assistance animals. These claims...

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

By Robert M. DeNichilo, Esq., CCAL 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...

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

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

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...

California legislates Freedom of Religion on Community Association Doorways

Senate Bill 652 was signed into law by Governor Newsom protecting the rights of homeowners who wish to display religious symbols on the doorway of their homes. SB 652 adds to the Davis Stirling...

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

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 are...

Bored with Board Meetings? Basic Tips To Reduce Meeting Length

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 a...

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

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 our...

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

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 to...

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

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 to...

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

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 community...

Simply the Best

[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 the...

Avoiding Election Missteps: 8 Tips for a Winning Outcome

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 dictate...

Megan’s Law Disclosure

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 law,...

Handling Solar Equipment Installations

  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 powerless...

Restricted by the Amended Open Meeting Act? Learn to Delegate

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, in...

Need To Appoint Replacement Members To The Hoa Board?

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 board...

A Widespread Drought: Legal and Other Challenges of the Association

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

Election Rules: Equal Access to Media and Common Area

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 association...

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

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 “any...

Basic Information Guide for CID Homeowners and Their Boards

Common Interest Development (CID) Basic Information Guide  

The Advantages of Judicial Foreclosure in Collecting Delinquent Association Assessments

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 foreclosure....

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

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 million...

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

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 govern...