Article 1. Miscellaneous Provisions (§1368.3-§1369)

§1368.3 – Standing of Association §1368.4 – Recovery of Damages §1368.5 – Civil Action; Damage to Common Interest Development; Notice to Members [Renumbered from Former §1368.4] §1369 – Liens for […]

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§1368.2 – Billing Disclosure Form

The form for billing disclosures required by §1368 shall be in substantially the following form and in at least 10-pointtype: CHARGES FOR DOCUMENTS PROVIDED AS REQUIRED BY SECTION 1368* Property […]

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§1368.1 – Marketing of Separate Interests

(a) Any rule or regulation of an association that arbitrarily or unreasonably restricts an owner’s ability to market his or her interest in a common interest development is void. (b) […]

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§1368 – Sale or Title Transfer; Provision of Specified Items to Prospective Purchasers; Copies; Fees; Violations; Penalty and Attorney Fees; Validity of Title Transferred in Violation; Additional Requirements

The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall, as soon as practicable before transfer […]

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§1367.6 – Existing Dispute Between Owner of Separate Interest and the Association; Authority to Bring Small Claims Actions; Delinquent Assessments

If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including, but not limited to, an […]

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§1367.5 – Effect of Lien Recorded Error

If it is determined through dispute resolution pursuant to the association’s “meet and confer” program required in Article 5(commencing with Section 1363.810) of Chapter 4 or alternative dispute resolution with […]

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§1367.4 – Limitations on Using Nonjudicial Foreclosure

Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. An […]

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§1367.1 – Written Notice of Lien; Application of Subsequent Payments; Monetary Penalty; Assignment of Rights; Costs [Lien Recorded On or After January 1, 2003]

A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, as determined in accordance with Section […]

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§1367 – Lien for Assessments; Enforcement

A regular or special assessment and any late charges, reasonable costs of collection, and interest, as assessed in accordance with Section 1366, shall be a debt of the owner of […]

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§1366.4 – Assessments Based on Taxable Value

Except as provided in subdivision (b), notwithstanding any provision of this title or the governing documents to the contrary, an association shall not levy assessments on separate interests within the […]

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Common Resident Accommodation Requests & Responses

Allergies An upstairs resident requests to install hardwood or other hard surface flooring to minimize allergies, even if carpet removal is prohibited in the declaration. The request may be accompanied […]

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When HOAs Fail to Accommodate Disability Needs

Homeowner associations have an affirmative duty to make accommodations in their policies and practices that enable physically and mentally disabled residents to fully enjoy their property. In order to avoid […]

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Instilling Respect and Consensus among Board Members

The success of a board depends on the effort members make to work together, no matter how wide the chasm of differences. Every difficult decision a board has to make […]

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How to be a Savvy Board Member

The board is a team of volunteers who have decided, for whatever reason, that they want to be a part of the decision-making process for their community. Serving on the […]

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Which Projects Require Permits?

Why are Permits Important? The permit process is one of the most important parts of any construction process; however, it is often the most misunderstood by both home owners and […]

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Why do Associations have Problems with Renters?

Poor Choice of Renters by Landlord A renter may not fully understand or appreciate the lifestyle changes required for a successful residency in a high-density development. He or she may […]

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Addressing Absentee Property Ownership Issues

Why Do Rental Units Become a Problem for Associations? Boards of directors frequently deal with issues surrounding absentee property ownership. In response, some associations have amended their governing documents to […]

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4 Ways to Avoid Problems with Renters

In order to avoid problems with renters, associations should employ education and enlistment techniques. Make sure all your residents (both tenants and owners) are educated about the rules and what […]

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Protecting Your Association from Lead-Based Hazards

What is lead? Lead is a toxic metal that was used for many years in products found in and around our homes. Lead also can be emitted into the air from […]

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Hiring a Professional Lead Abatement Contractor

What does an Abatement Contractor Do? A lead abatement contractor certified by the California Department of Health Services (DHS) will notify OSHA, erect the proper containments, use the proper removal […]

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The New Davis-Stirling: Standardized Rules of Notice and Delivery

Individual Notice or Delivery “Individual notice” includes notices of disciplinary hearings and annual disclosures. An association may now send documents to individual members by: First class mail Registered or certified […]

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The New Davis-Stirling: Penalties for Non-Compliance

New penalties have been introduced for associations that do not comply with certain requirements of the new Davis-Stirling Act, such as board meeting requirements. Under the new law, an association […]

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