§4700 – Scope of Article 1

This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest. Nothing in this article is intended […]

Article 1. Protected Uses (§4700-§4753)

§4700 – Scope of Article 1 §4705 – Display of United States Flags §4706 – Display of Religious Items §4710 – Display of Noncommercial Signs §4715 – Pet Restrictions §4720 […]

§4650 – Serverability of Component Interests

Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions repugnant to the interest created within the […]

§4645 – Transfer of Exclusive Use Areas

Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to separately transfer exclusive use areas is […]

§4640 – Stock Cooperative

In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in the corporation, however evidenced. Any conveyance, judicial […]

§4635 – Planned Development

In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area, if any exists. Any […]

§4630 – Condominium Project

In a condominium project the common area is not subject to partition, except as provided in Section 4610. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the […]

§4625 – Community Apartment Project

In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the community apartment project. Any conveyance, […]

Article 5. Transfer of Separate Interest (§4620-§4650)

§4620 – Application of Rule Procedures §4625 – Community Apartment Project §4630 – Condominium Project §4635 – Planned Development §4640 – Stock Cooperative §4645 – Transfer of Exclusive Use Areas […]

§4615 – Liens for Services Performed in a Condominium Project

In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or […]

Mandatory or Voluntary Reserve Funding?

Published in the ECHO Journal, September 2010 Hawaii made it Mandatory—Sort of: Is it California’s Turn? The prognosis, issued almost seven years ago, that association reserve accounts would fail to keep […]

read more

Make HOA Rules Both Enforceable and Good

Rules Must Be Enforceable What makes a rule enforceable? An enforceable rule meets the requirements of the law and governing documents. What makes an enforceable rule a good rule? A […]

read more

Short Sales in HOAs

Published in the ECHO Journal, September 2010 Some Straight Thinking What happens to the delinquent assessments in a short sale situation?  There has been much commentary on the web about […]

read more

Ethics Code for HOA Board Members

Ethical issues occur in everyday administration, management and governance of any homeowners association. In order to navigate these complex ethical dilemmas, HOA board members first need to be able to identify problems of […]

read more

Court Cases on Developer Drafted CC&Rs and Binding Arbitration

California has a growing body of law where courts have refused to enforce provisions in developer-drafted CC&Rs that deny homeowners and homeowners associations the right to have their disputes with […]

read more

Two Common Contract Clauses that Trap HOAs

Management of condominiums requires HOAs to enter into a variety of contracts with different vendors and suppliers to provide essential services (laundry room facilities, landscape maintenance, etc.) to condominium residents. […]

read more

Xeriscaping Saves Money and the Environment

Published in the ECHO Journal, November 2010 How can homeowners and communities alike make changes that will have a positive affect on the environment, reduce the dependency on our natural […]

read more

Bans on Smoking in Multi-unit Residential Communities Continue to Pass

Published in the ECHO Journal, November 2010 The regulation of secondhand smoke is becoming increasingly more common, far-reaching, and restrictive of smokers. With zero discussion, the Menlo Park City Council […]

read more

Steps to Managing Your HOA’s Major Construction Project

Managing repair or reconstruction in your association requires frequent communication between all involved parties, an established payment schedule, and proper documentation. Learn how to keep your HOA in the loop […]

read more

Governor Declines to Interfere With CID Operations

Published in the ECHO Journal, November 2010 In California, it takes a veto by the Governor to reject bills approved by our legislature. On September 30, 2010, the last day […]

read more

Creative Problem Solving Requires Identifying the Real Problem

Published in the ECHO Journal, November 2010 Have you ever said or thought, “So, what’s his problem?” The comment is usually made in frustration but is a very legitimate question. […]

read more

Decisions, Decisions, Decisions

Published in the ECHO Journal, December 2010 Life consists of choices. We make decisions every day. Those decisions reflect our life experience and the way we think. Depending on the […]

read more