§5986 – Civil Action Against Declarant
Subject to compliance with Section 6150, which requires the board to provide notice of a meeting with the members to discuss, among other things, problems that may lead to the […]
§5910.1 – Limit on Civil Action
An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910 by engaging in […]
2016 Legislation – AB 1963 – Construction Defect Claim Conditions
Existing law, the Davis-Stirling Common Interest Development Act, requires, until July 1, 2017, specified conditions to be met before an association may file a complaint for damages against a builder, […]
2015 Legislation – AB 1152 – Limiting Construction Defect Lawsuits for HOAs
This bill narrows the options for HOAs seeking recovery for construction defects. ECHO opposes this bill.
2015 Legislation – SB 244 – Mobilehome Parks’ Right to Go to Court
Existing law treats legal actions regarding rule violations in mobilehome parks as limited civil cases. This bill seeks to extend the operations of this law indefinitely.
We Won the Case: Now What?
From time to time, a community association is forced to sue a member who has violated the governing documents. Many times, these lawsuits are “settled” without trial. Sometimes however, a […]
How to Fund a Lawsuit for Your HOA
The question of how a community association will pay for a lawsuit must be decided by the board when the need for litigation arises. Depending on whether the HOA is […]
Who’s the Client?
Published in the ECHO Journal, May 2011 The question sometimes comes up, usually from a homeowner or group of homeowners, concerning whom an attorney representing the association in a matter […]
SLAPPs and HOAs
What is SLAPP? It stands for Strategic Lawsuits Against Public Participation. The legislature enacted the anti-SLAPP statute in 1992 in response to large land developers filing a lawsuit against environmental […]
Receivership: What Happens When an Association Fails?
When HOAs are really struggling, members will occasionally look for an outside party to take over and correct the problem. In California, a “receiver” is that third party. Here are […]
