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Overview On May 22, 2026, the U.S. Department of Housing and Urban Development (“HUD”) issued an enforcement memorandum rescinding its 2020 and 2013 guidance on emotional support animal (“ESA”) reasonable accommodations under the Fair Housing Act (“FHA”). Going forward, HUD will pursue enforceme...

The Court of Appeal (First District, Division 2), in the case of Eng v. Opperman (2025) 117 Cal.App.5th 354, has upheld the broad protection of good faith decisions made by community associations through their volunteer directors based on the business judgment rule and the California Supreme Cour...

By Jake Johnson, Esq. What Is Zone 0 and Where Did It Come From? California's existing defensible space framework—Zone 1 (0–30 feet) and Zone 2 (30–100 feet)—was designed primarily to slow direct flame spread and give firefighters room to stage. What it did not address was the threat most res...

By Bradley Schuber, Esq. In a recent case titled Doug Ridley, et al., v. Rancho Palma Grande Homeowners Association, et al., 2025 WL 2775672, a California court found that a homeowners association failed to conduct a reasonable investigation into the existence of an underground well and acted ...

In October 2025, Governor Gavin Newsom signed a comprehensive package of bills aimed at stabilizing and modernizing the state's "insurer of last resort," the California FAIR Plan. In addition, the Governor signed Senate Bill 547, which extends significant protection for property owners in wildfire-affected areas, with important implications for homeowners associations throughout the state.

In a recent case involving neighbor-to-neighbor disputes, Woolard v. Regent Real Estate Services (2024) Cal.App.5th, the court weighed in on a homeowners association's liability in such conflicts and ultimately found that it was not their battle. Sometime in 2019, Eric Woolard and Breonna Hall, ...

Judicial Deference is a legal doctrine under which California courts defer to a board's authority regarding maintenance decisions made on behalf of a homeowners association. This legal doctrine was established in the case of Lamden v. La Jolla Shores Clubdominium HOA (1999) 21 Cal.4th 249. In tha...

While Civil Code §5551/SB326 does not include any specific requirement for completing non-emergency repairs, lenders are beginning to scrutinize balcony inspection reports, and boards should anticipate being asked about the status of recommended repairs during escrow periods.

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...