§4148 – General Notice

“General notice” means the delivery of a document pursuant to Section 4045.

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§4145 – Exclusive Use Common Area

“Exclusive use common area” means a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners […]

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§4140 – Director

“Director” means a natural person who serves on the board.

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§4135 – Declaration

“Declaration” means the document, however denominated, that contains the information required by Sections 4250 and 4255.

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§4130 – Declarant

“Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original […]

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§4125 – Condominium

A “condominium project” means a real property development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate […]

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§4120 – Condominium Plan

“Condominium plan” means a plan described in Section 4285: “A condominium plan shall contain all of the following: A description or survey map of a condominium project, which shall refer to […]

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§4110 – Community Service Organization

“Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the […]

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§4105 – Community Apartment Project

“Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

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§4100 – Common Interest Development

“Common interest development” (CID) means any of the following: A community apartment project. A condominium project. A planned development. A stock cooperative.

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Would You Choose to Go to War If You Had a Choice?

Published in the ECHO Journal, July 2012 Filing a lawsuit is a declaration of war! If you are a peace-loving individual, an open minded-board, and/or don’t have the resources to […]

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Financial Reports

Financial Reports: The Need, the Problem, and the Solution The oldest surviving form of the Greek language is crude scratchings on clay tablets found buried in the ruins of ancient […]

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How Strong is your Reserve Fund?

Published in the ECHO Journal, September 2012 It’s getting to be that time of year when most Community Associations begin the annual process of planning and adopting next year’s financial […]

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Can HOA Board Members Be Sued?

In California, HOA board members have substantial protections under the law. Those protections take three forms: immunity, insurance, and indemnity. This article explains when and how each of those protections […]

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HOA Rental Restrictions Laws and Best Practices

Homeowner associations may have a number of reasons for imposing leasing restrictions, which can have many benefits, but should understand the laws and management that these restrictions require. The Davis-Stirling […]

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Is Your Association Shopping for a Loan?

Published in the ECHO Journal, October 2012 When an association determines that a loan will be necessary to help fund a project, often the first question asked is “what is […]

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Shifting the Paradigm: Turning Disclosure Obligations into Opportunity

Published in the ECHO Journal, October 2012 We are all far too familiar with the implosion of the subprime housing bubble in late 2008 and the resulting free fall in […]

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Reaching the Pinnacle: California Supreme Court Rules That CC&R Arbitration Provisions Are Enforceable Against HOAs

Published in the ECHO Journal, November 2012 This is the first in a two-part series on the Pinnacle case. In this first part, attorney Matt J. Malone describes the nature […]

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17 Legal Rights of Homeowners Living in HOAs

Is there legal protection for homeowners? The answer is a resounding yes, and we can tell you why. Both board members and homeowners have a responsibility to know the rights […]

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Binding Arbitration vs. Jury Trial after Pinnacle

Published in the ECHO Journal, December 2012 Is there a Clear Preference for Community Association Construction Cases? This is the second article in a two-part series on the Pinnacle case. […]

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Recall: A Blessing or a Curse?

Published in the ECHO Journal, December 2012 This article is all about recall: what to do when served with a petition, how the process works, what the pitfalls are, how […]

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How Can CC&Rs Which I Have Never Read or Signed Control What I Can Do?

Published in the ECHO Journal, January 2013 Associations are governed by several documents, perhaps the most important of which is the Covenants, Conditions & Restrictions (CC&Rs) of the common interest […]

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