§20 – Definition of Electronic Transmission by the Corporation

“Electronic transmission by the corporation” means a communication delivered by facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on […]

§21 – Definition of Electronic Transmission to the Corporation

“Electronic transmission to the corporation” means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the […]

§5009 – Mailing

Except as otherwise required, any reference in this part, Part 2, Part 3, Part 4 or Part 5 to mailing means first-, second-, or third-class mail, postage prepaid, unless registered […]

§5016 – Notices or Reports Delivered as Part of Newsletter or Magazine

A notice or report mailed or delivered as part of a newsletter, magazine or other organ regularly sent to members shall constitute written notice or report pursuant to this division […]

§5033 – Approval By Majority of All Members

“Approval by (or approval of) a majority of all members” means approval by an affirmative vote (or written ballot in conformity with Section 5513, Section 7513, or Section 9413) of […]

§5034 – Approval By Members

“Approval by (or approval of) the members” means approved or ratified by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at […]

§5069 – Mailing

“Proxy” means a written authorization signed by a member or the member’s attorney in fact giving another person or persons power to vote on behalf of such member. “Signed” for […]

§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 […]

§5551 – Inspection of Exterior Elevated Elements

For purposes of this section, the following definitions apply: “Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to […]

DAVIS-STIRLING ACT | ANNUAL DISCLOSURE LIST

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Effective Emergency Planning for HOA Communities

Nothing is more essential to managing risk than a plan for property emergencies. Time is of the essence. Water soaks in, wicks up walls, flows into electrical outlets and the cleanup grows more expensive. A clean water spill (water from a sink, bathtub or shower) can be dried easily, but if not handled correctly 24-36 hours later mold can begin to grow on porous materials.

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WHAT IS YOUR HOA’S RISK TEMPERATURE

  By Sharon Glenn Pratt, Esq.  | January 2021                                      Expensive problems can […]

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Insuring for Disasters: HOA Budgeting and Planning

The recent hurricanes in Texas and Florida have many of us thinking about what we would do in a catastrophe. For association boards, insurance is the front line of disaster […]

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Unforeseen Conditions and Hidden Costs of Construction Projects

Developing a Projected Cost Budget It is not surprising to know that in the initial phases of every proposed construction project, it is the first task of the Construction Manager […]

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How Can HOAs Use Reserve or Settlement Funds?

Boards in need of cash may want to use cash in the reserve accounts or from legal settlements, but there are important restrictions.

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HOAs and Defibrillators: the Pros and Cons

Should homeowner associations maintain defibrillators (or “AEDs”)? These life-saving devices can also be a source of major liability. Proceed with caution.

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10 Tips for New HOA Board Members

New to the HOA board or welcoming new board members? Here are 10 tips to help new board members get up to speed quickly and work effectively.

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Can the HOA Trespass to Correct Violations?

Your HOA board wants to go onto a property to correct a covenant violation. Can you? Even if you have legal authorization, should you? There are a number of risks […]

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How to Use Your HOA’s Political Power

Your HOA has political power: people who unite around a common cause can change local policies. And your neighbors can help you make big changes.

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The Special Assessment

“Special Assessment” is a dirty word in most HOAs. While boards and managers may view a special assessment as a tool to achieve the funding needs of the homeowners association, […]

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6 Common HOA Nuisances and How to Handle Them

Smoking, noisy floors, rambunxious children, and barking dogs are often the subject of HOA nuisance complaints. When do these issues qualify as a nuisance and when is the board obligated […]

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