§1375.05 – Design and Construction Defects; Procedures in Litigation [This section became inoperativeon July 1, 2010 and was repealed on January 1, 2011]

§1375 – Design or Construction Defects; Prefiling Procedure [Operative Until July 1, 2017]

Before an association files a complaint for damages against a builder, developer, or general contractor (“respondent”) oaf common interest development based upon a claim for defects in the design or […]

§1374 – Application of Act; Common Area Requirement

Nothing in this title may be construed to apply to a development wherein there does not exist a common area as defined in subdivision (b) of Section 1351. This section […]

§1373 – Developments Expressly Zoned as Industrial or Commercial and Limited to Such Purposes; Exclusions

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 […]

§1372 – Construction of Zoning Ordinances

Unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of whether the common […]

§1370 – Liberal Construction of Instruments

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 […]

§1369.590 – Disclosures

An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include the following language: “Failure of a […]

§1369.580 – Award of Attorney’ Fees and Costs

In an enforcement action in which fees and costs may be awarded pursuant to subdivision (c) of Section 1354, the court, in determining the amount of the award, may consider […]

§1369.570 – Referral

After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action is stayed. During the stay, the […]

§1369.560 – Certificate Requirements

At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following […]

The Value of Consensus and Respect in an HOA Board

Published in the ECHO Journal, July 2013 Do you think you can put a price tag on respect among board members? On the value of striving for consensus when unanimous […]

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The Ticking Time Bomb of HOA Reserve Accounts

Published in the ECHO Journal, July 2013 Board members of HOA’s may be finally sighing relief now that the housing crisis seems to be abating. However, the recovery of the […]

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Choosing a Vendor

Published in the ECHO Journal, August 2013 The board has voted to move ahead on a project; now what? Should you hire the second cousin of a member, who is […]

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The Painful Death of Volunteerism

Many communities, if not most communities, suffer from a lack of volunteers. People are busier than ever, and their time is precious. After a full day’s work, it seems like […]

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How Simple Jobs Can Get Out Of Control: Lessons from the Field

Published in the ECHO Journal, August 2013 Occasionally, the simplest undertaking can turn into an exasperating experience, especially when clear communication between parties involved has not been established. The dynamics […]

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Twenty Questions to Ask Before Hiring a Construction Manager

Published in the ECHO Journal, October 2013 Prior to retaining a construction manager or consultant, you should satisfy yourself that the firm you are considering is the best for your […]

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Small Association – The Big Picture – Compliance: Part II

Published in the ECHO Journal, October 2013 Are You Slowly Sinking In The Sea Of California Compliance Requirements? After Bailing, It is Get Your Coxswain and Crew in Place and […]

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Questions to ask your Banker

Published in the ECHO Journal, October 2013 The selection of a banking relationship for your association is just as important, (if not the most important), as the selection of any […]

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Your Time Is Up! Time Restrictions during Homeowners’ Forum

Published in the ECHO Journal, September 2013 Meetings of the Board of Directors are always important to the function of a homeowners association. Board meetings not only provide an opportunity […]

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Small Association – The Big Picture – Compliance: Part I

Published in the ECHO Journal, September 2013 Are You Slowly Sinking In The Sea Of California Compliance Requirements? Better Start Bailing! We bale hay and bail a boat. The government […]

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Oh No, Not in my Neighbor’s Back Yard!

Architectural review is serious business for an association board. One of the important attributes of any type of planned unit development is its high standard for uniform construction, design and […]

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Causes and Cures of “Hot Spots” in Turf

Published in the ECHO Journal, September 2013 Indian Summer is here! With warm weather comes the delicate balance of maintaining a beautiful landscape, while still conserving water. One negative side […]

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