§1366.2 – Statement Identifying Party Authorized to Receive Assessments

In order to facilitate the collection of regular assessments, special assessments, transfer fees, and similar charges, the board of directors of any association is authorized to record a statement or […]

§1366.1 – Limitation on Imposition or Collection of Assessments or Fees

An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.

§1366 – Levy of Assessments; Limitation on Increases; Delinquent Assessments; Interest

Except as provided in this section, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this title. However, annual increases in […]

Article 4. Assessments (§1366- §1367.6)

§1366 – Levy of Assessments; Limitation on Increases; Delinquent Assessments; Interest §1366.1 – Limitation on Imposition or Collection of Assessments or Fees §1366.2 – Statement Identifying Party Authorized to Receive […]

§1365.9 – Member Limited Immunity; General Liability Insurance

It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common areas owned in tenancy-in-common […]

§1365.7 – Tortious Act or Omission of Volunteer Officer or Director of Association Managing Residential Development; Liability; Criteria; Limitations

A volunteer officer or volunteer director of an association, as defined in subdivision (a) of Section 1351, which manages a common interest development that is exclusively residential, shall not be […]

Article 3. Insurance (§1365.7- §1365.9)

§1365.7 – Tortious Act or Omission of Volunteer Officer or Director of Association Managing Residential Development; Liability; Criteria; Limitations §1365.9 – Member Limited Immunity; General Liability Insurance

§1365.6 – Director Material Financial Interest in Contract; Application to Unincorporated Associations

Notwithstanding any other law, and regardless of whether an association is a corporation, as defined in Section 162 of the Corporations Code, the provisions of Section 310 of the Corporations […]

§1365.5 – Board of Directors; Duties; Operating and Reserve Accounts; Borrowing From Reserve Accounts; Notice to Members; Visual Inspection of Components; Study of Reserve Accounts

(a) Unless the governing documents impose more stringent standards, the board of directors of the association shall do all of the following: Review a current reconciliation of the association’s operating […]

§1365.3 – Reports of Community Service Organization

Unless the governing documents impose more stringent standards, any community service organization as defined in paragraph(3) of subdivision (c) of Section 1368 whose funding from the association or its members […]

The New Davis-Stirling: Liens Recorded in Error

A member is no longer responsible for any fees and costs incurred by his or her association as the result of a lien recorded in error, including costs associated with […]

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The New Davis-Stirling: Granting Exclusive Use of Common Area

Associations will now be permitted, without member approval, to grant exclusive use of the common area in order to: Accommodate a disability Eliminate or fix certain construction issues Install electric […]

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The New Davis-Stirling: Board Member Conflicts of Interest

Pursuant to §5350, an association board member may not vote on certain matters that concern him or herself, including: Discipline of the board member A request by the board member […]

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The New Davis-Stirling: Annual Reports and Disclosures

Civil Code sections §5300 and §5310 require an Annual Budget Report and Annual Policy Statement, respectively, to be delivered to all association members on an annual basis, replacing the existing budget […]

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What You Need to Know: The New Davis-Stirling Act

The Davis-Stirling Common Interest Develop Act, or the Davis-Stirling Act, is the primary set of laws that govern common interest developments (CIDs) and homeowners associations (HOAs) in California. Since 1985, […]

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Resolving Problems with Absentee Owners

Published in the ECHO Journal, September 2013 A common complaint from boards of directors is problems with absentee property owners. Renters and landlords are blamed for many of the problems […]

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Roofs and Decks – A Maintenance Perspective

From the ECHO Journal, September 2013. For both roofs and decks, semi-annual inspections are the first step in any proactive preventative maintenance program. This allows the ability to identify and […]

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Time Restrictions in Homeowner Meetings

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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Deciding Whether or Not to Hire a Construction Manager

Remodeling? Should your association hire a construction manager for your next project? How do you find the appropriate construction management firm? The article below will answer these questions. Tips for […]

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What does a Construction Manager Do?

A construction manager (CM) is a trained professional responsible for operating and overseeing construction processes while acting as a link between the professional team and the homeowner. A CM will […]

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How to Effectively Facilitate a Meeting

Strong Leadership Effective board meetings start with strong leadership. While association presidents most often facilitate board meetings, any leader or facilitator may apply the techniques below. The president must provide […]

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Replacing Windows

Common interest developments more than 30 years old often share a familiar dilemma when homeowners want to replace older single-pane windows with newer windows that are more energy efficient. Prior […]

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