Replacing Windows

Common interest developments more than 30 years old often share a familiar dilemma when homeowners want to replace older single-pane windows with newer windows that are more energy efficient. Prior […]

Legal Obligations & Potential Liabilities of HOA Boards

Every person elected to serve on a homeowners association board of directors should understand the basic obligations and potential liabilities of the position. Newly elected members should educate themselves about […]

§5810 – Notice of Policy Changes

The association shall, as soon as reasonably practicable, provide individual notice pursuant to Section 4040 to all members if any of the policies described in the annual budget report pursuant […]

§5805 – Limitation of Member Liability

It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common area owned in tenancy-in-common […]

§5800 – Limitation of Volunteer Officer or Director Liability

A volunteer officer or volunteer director described in subdivision (e) of an association that manages a common interest development that is residential or mixed use, shall not be personally liable […]

§22658 – Removal from Private Property

The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the […]

§8338 – Membership List

A membership list is a corporate asset. Without consent of the board a membership list or any part thereof may not be obtained or used by any person for any […]

AB 1726: Qualified Pool Operators

Author: Allen Position: Oppose Unless Amended Links: AB 1726 (As of 3/5/2012) Assembly Bill 1726 would amend the Health and Safety Code to require an owner of a public swimming pool to employ at […]

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 […]

When are HOAs Liable for Injuries to Strangers?

Boards often worry about liability stemming from uninvited strangers: hikers, skateboarding children, bicyclists, etc. Don’t worry! California law provides broad immunity for property owners against lawsuits stemming from recreational uses […]