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California's legislature capped fines for governing document violations at a maximum of $100. Find out how this sudden change may impact your community.

A recently published decision from California's Fourth District Court of Appeal limited what can be accomplished through a deed of trust, finding that a “deed of trust” is practically and substantially only a mortgage with a power of sale. It cannot include damages that were not secured by the co...

In a recent decision by the Court of Appeal, First Appellate District, in the case of Casa Mira Homeowners Association v. California Coastal Commission (2024) 107 Cal. App. 5th 370, the Court upheld the California Coastal Commission's interpretation of Public Resources Code Section 30235, which d...

In September 2024, California's Senate Bill 900 was signed into law, introducing significant amendments to California Civil Code Sections 4775 and 5610. These changes redefine the repair and maintenance obligations of homeowners associations (HOAs), emphasizing the timely restoration of essential...

In prior newsletter articles, we've discussed the protections available under California law to address harassment, how harassment is defined, who can be protected, and the risks to community associations that fail to properly respond to harassment complaints. One frequent source of frustration w...

Doskocz v. ALS Lien Services (2024) 102 Cal.App.5th 107 is a published court decision involving an assessment collection dispute. ALS Lien Services (“ALS”) assists associations in the collection of unpaid assessments. Teresa Doskocz (“Doskocz”) is a homeowner in the Danville Green Homeowners Asso...

A recent unpublished decision in a California Court of Appeal presented the unusual question: what if the word “may” actually means “must?” In Mays v. Oakview, the Court seemingly came to that conclusion. Specifically, it found that an association's failure to meet quorum is no excuse for not con...

As most of you have probably heard by now, a federal court judge issued a preliminary injunction against the Corporate Transparency Act (CTA) on December 3. The decision, the full text of which can be found here, was published by the U.S. District Court for the Eastern District of Texas and appli...

In December 2014, Jeremy and Kristy Morris hosted a Christmas program at their house. Approximately 200 families attended to view the lights, Christmas-themed characters, caroling, and a nativity scene featuring a live camel on the first day. The program lasted over a week; on average, 20-100 fam...

Beginning January 1, 2025, a significant change will reshape the way HOA elections are conducted in California. With the passage of AB 2159, homeowner associations (HOAs) will be able to conduct most elections electronically, offering a more efficient, convenient, and environmentally friendly pro...

Under the federal Corporate Transparency Act (“CTA”), entities such as corporations and limited liability companies must annually report business ownership information to the Department of Treasury's Financial Crimes Enforcement Network (“FinCEN”). Entities failing to comply can face harsh conseq...

It's been nearly five years since Senate Bill 326, also known as the “Balcony Bill,” was approved by Governor Newsom. The Balcony Bill, which is codified in Civil Code Section 5551, requires homeowner associations in California to “…cause a reasonably competent and diligent visual inspection to b...

In September 2022, the U.S. Department of Housing and Urban Development ("HUD") charged Aqua 388 Community Association ("Association") and its management company with disability discrimination for denying a homeowner, Dr. Emma Adams, a permanent parking space to accommodate her wheelchair-accessi...

Recently, some homeowners associations have reported criminal conduct within their communities and asked what their responsibility may be in fighting crime in their neighborhoods. First, boards and managers should understand that they are not law enforcement. Their ability to respond to criminal ...

In California, homeowner associations are required to levy regular and special assessments to meet their obligations. However, unexpected expenses arise sometimes, so an association must increase regular assessments, levy special assessments, or both to meet its obligations. Under California law,...

Assembly Bill (AB) 648 was signed by the Governor on September 22, 2023 and will amend existing Civil Code §4090 and add a new Civil Code §4926 effective January 1, 2024. This new legislation allows associations to conduct entirely remote meetings by teleconference/videoconference without the nee...

In the ever-evolving landscape of homeowners association (HOA) laws and regulations, staying informed and compliant is crucial for the smooth operation of your community. The signing of Assembly Bill 1764 into law on October 11, 2023, which will take effect on January 1, 2024, brings changes to C...

The Governor recently approved two Assembly bills regarding accessory dwelling units (ADUs): AB 976 and AB 1033. The Planning and Zoning Law provides for the creation of ADUs by local ordinance, or, if a local agency (city or county) has not adopted an ordinance, by ministerial approval, in acc...

In a new case, Lake Lindero Homeowner Association v. Barone, the Court of Appeals described and enshrined the interplay between the law and an association's bylaws. The Court also provided guidance regarding quorum requirements to associations dealing with recall elections. In Lake Lindero, the ...

Board members have a duty to protect the property rights of their association. Occasionally, neighboring property owners may attempt to acquire property rights over association property through adverse possession and prescriptive easements, which board members should safeguard against.   Advers...

The Corporate Transparency Act (“CTA” or “Act”) was enacted in 2021 as part of an effort to prevent money laundering, corruption, and tax fraud by imposing new reporting requirements for corporations that will take effect on January 1, 2024. The Act is codified in the Code of Federal Regulations ...

In recent months, Farmers Insurance canceled insurance policies for condo complexes with hundreds of units in San Diego's Tierrasanta, Rancho Penasquitos, and Scripps Ranch communities. Formerly “good neighbor” State Farm Insurance announced it will no longer “be there” to sell casualty insurance...

Recent events have brought board discussions via email under the spotlight, especially after the Court of Appeal's ruling LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Association. The legal community has weighed in, offering insights, warnings, and advice on this topic. This article ...

Tree disputes can be a source of frustration and conflict between neighbors and homeowner associations. These disputes often arise when a tree on one person's property damages another person's property. In such cases, it is important to understand who is responsible for the damages and what steps...

A bankruptcy case from the Northern District of California provided new restrictions for homeowners associations dealing with an owner's bankruptcy. In In re Sarah-Jane Parker, involving a years-long dispute between the Bayside Court Owners Association and an owner at the Association, the Court i...