§4225 – Illegally Restrictive Documents

No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. Notwithstanding any other provision of law or provision of the […]

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§4220 – Unit Boundaries

In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of […]

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§4215 – Liberal Interpretation of Documents

Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed […]

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§4210 – Recorded Statement for Collections

In order to facilitate the collection of regular assessments, special assessments, transfer fees as authorized by Sections 4530, 4575, and 4580, and similar charges, the board is authorized to record […]

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§4205 – Conflicts Among Documents

To the extent of any inconsistency between the governing documents and the law, the law controls. To the extent of any inconsistency between the articles of incorporation and the declaration, […]

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Article 1. General Provisions (§4205-§4235)

§4205 – Conflicts Among Documents §4210 – Recorded Statement for Collections §4215 – Liberal Interpretation of Documents §4220 – Unit Boundaries §4225 – Illegally Restrictive Documents §4230 – Removal of […]

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§4202 – Commercial and Industrial Developments

The following provisions do not apply to a common interest development that is limited to industrial or commercial uses by zoning or by a declaration of covenants, conditions, and restrictions […]

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§4201 – Developments Without Common Area

Nothing in this act may be construed to apply to a real property development that does not contain common area. This section is declaratory of existing law.   Notes on […]

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§4200 – Common Interest Developments

This act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has […]

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§4190 – Stock Cooperative

“Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term […]

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Legislature Targets Board Actions by Email

It is very common for board members to communicate with each other and with management via e-mail, and this is often the preferred method of communication on HOA issues. For […]

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HOA Transfer Fee Laws for Selling or Transferring Property

When a homeowners association decides to sell or transfer property, HOA transfer fee laws are in place to ensure full disclosure of documents between the real estate company and the […]

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SB 563 and You: How Amendments to the CID Open Meeting Act Affect Board Activities

Published in the ECHO Journal, January 2012 Last fall Governor Jerry Brown signed SB 563 into law. The bill, authored by the Senate Transportation and Housing Committee, amends the Common […]

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East Bay Community Takes Giant Step to Save Energy

Published in the ECHO Journal, January 2012 Sometimes it requires a leap of faith in coming up with ways to save money for homeowner associations (HOAs). That’s what Dave Rosenblatt, […]

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How to Protect Your Community’s Trees from Uprooting

Winter weather often reveals negligent tree care, sometimes in the costly damage of a tree crashing to the ground. Learn how to protect your trees during the stormy months by […]

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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 […]

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And Justice for All

Providing Meaningful “Notice” and an “Opportunity to be Heard” to HOA Members Chapter 15 of Robert’s Rules of Order begins like this: Every organization has the right to enforce its […]

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When Can the Board Increase HOA Assessments?

Here is the scenario: a board adopts the annual budget and notifies the owners that assessments will increase from last year by 10%. After the beginning of the association’s fiscal […]

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Lessons from the field: Developing a Systematic Approach to Maintaining Common Areas

Published in the ECHO Journal, March 2012 Maintenance is a concept that most people understand; yet its potential for economic savings is often overlooked. The reason is maintenance is often […]

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Is it an Emergency? Your HOA Board Can Use Email

In an emergency, HOA boards can use email to make critical decisions. But board members need to know what constitutes an “emergency” under the law.

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Twelve Traits Every Great HOA Board of Directors Has

What differentiates a great board from just a good board? Great boards develop, maintain and value their credibility and their integrity. And they continually display, individually and as a group, […]

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Building Community Involvement

Published in the ECHO Journal, April 2012 There are so many factors that go into running a successful association that listing them could prove exhausting and counterproductive in the area […]

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