News

Prepare Now to Welcome the Accessory Dwelling Unit into your Community Association

Prepare Now to Welcome the Accessory Dwelling Unit into your Community Association

Proactive rule adoption and enforcement will ease the growing pains of ADU/JADUs in your community. Formally termed the Accessory Dwelling Unit (ADU), this ever-popular form of housing is a legal and regulatory term for a secondary house that shares the building lot of a larger, primary house. The ADU is a self-contained housing unit that provides for living, sleeping, cooking, and sanitation. ADUs are either attached to or detached from the primary residence but provide independent living facilities for its occupant.

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Seeking Associate Attorney

Seeking Associate Attorney

Richardson Ober DeNichilo LLP seeks a 3-5-year Associate Attorney to join our growing team. We are a highly regarded nationally and regionally recognized law firm focused on community association and real estate law and litigation, serving clients statewide with offices in Southern California.

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State Releases New Guidance to Help Counties Plan for Reopening Based on Decisions by Local Public Health Officials

State Releases New Guidance to Help Counties Plan for Reopening Based on Decisions by Local Public Health Officials

Last Friday, the California Department of Public Health issued new guidelines for reopening additional sectors of the economy. The new guidance contains two main points of interest to community associations including Fitness Facilities and Outdoor Recreation. While neither document specifically referenced HOAs, both documents provide guidance for reopening pool areas, and the Fitness Facility Guidance includes information for associations that have gyms. It is important to note that these go into effect no sooner than June 12, 2020, and only after county health officer approval following review of specific criteria related to the spread of coronavirus infection.

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Community Association Articles

Pool Season Has Arrived, But the Pool Rules Have Changed

By Matt D. Ober, Esq., CCAL The County of Los Angeles Department of Public Health Revised Order was issued on May 26, 2020. Section 7 h) excludes HOA pools from closure order. The following article...

Addressing Mental Illness In Our Community Associations

This article is reprinted from CAI-GLAC’s Focus May-June 2020 Issue Addressing Mental Illness In Our Community Associations May is Mental Health Awareness Month, and it is impossible to ignore...

Open for Business, Planning for a Return to a New Normal

By Matthew A. Gardner, Esq. After 6 weeks of working to flatten the curve, Californians are eager, yet anxious, to resume some sense of their former routines. Although Governor Newsom gave no firm...

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

By Matt D. Ober, Esq., CCAL 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...

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...