§1363.820 – Association Duty to Provide Dispute Resolution Procedure

An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article. In developing a procedure pursuant to this article, an association […]

§1363.810 – Application to Disputes

This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this title, under the Nonprofit Mutual Benefit Corporation Law (Part 3 […]

Article 5. Dispute Resolution Procedure (§1363.810-§1363.850)

§1363.810 – Application to Disputes §1363.820 – Association Duty to Provide Dispute Resolution Procedure §1363.830 – Requirements for Dispute Resolution Procedure §1363.840 – Default Dispute Resolution Procedure §1363.850 – Notice […]

§1363.6 – Identification and Registration of Community Associations

To assist with the identification of common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary of State, on a form and for a fee not […]

§1363.5 – Articles of Incorporation; Identifying Corporation as Association; Business Office Address; Managing Agent’s Name and Address

The articles of incorporation of a common interest development association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of purposes […]

Article 4. Public Information (§1363.5-§1363.6)

§1363.5 – Articles of Incorporation; Identifying Corporation as Association; Business Office Address; Managing Agent’s Name and Address §1363.6 – Identification and Registration of Community Associations

§1363.2 – Managing Agent Deposit of Funds Received; Requirements; Separate Record; Commingling of Funds

A managing agent of a common interest development who accepts or receives funds belonging to the association shall deposit all such funds that are not placed into an escrow account […]

§1363.1 – Prospective Managing Agent; Written Disclosures

A prospective managing agent of a common interest development shall provide a written statement to the board of directors of the association of a common interest development as soon as […]

Article 3. Managing Agents (§1363.1-§1363.2)

§1363.1 – Prospective Managing Agent; Written Disclosures §1363.2 – Managing Agent Deposit of Funds Received; Requirements; Separate Record; Commingling of Funds

§1363.09 – Enforcement of Election and Meeting Requirements

A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by an association of which he or she is […]

You Have Been Sued for Non-Compliance?!

Small Claims Courts have new authority to judge your conduct, scrutinize statutory compliance and to punish violators. At the same time you are learning the ins and outs of compliance, […]

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When are HOAs Liable for Injuries to Strangers?

Boards often worry about liability stemming from uninvited strangers: hikers, skateboarding children, bicyclists, etc. Don’t worry! California law provides broad immunity for property owners against lawsuits stemming from recreational uses […]

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When HOAs Must Break the Rules for Disabled Residents

Both Federal and California law require HOAs to consider special accommodations for people with disabilities, even if those accommodations would violate the governing documents. Get to know Fair Housing and […]

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3 Reasons Why Your HOA Can’t Declare Bankruptcy

Why There’s No Protection for Members When Community Associations “Go Broke” You’re at a board of directors meeting of your homeowners association. Things have been happening around the community—not good […]

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Smoking in HOAs: Conflict, Restrictions, & Liability

Many community associations face an increased number of complaints from non-smokers about their smoking neighbors and are being asked to take action. Some associations are responding to this increased regulation by […]

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Is Your HOA’s Reserve Budget Just an Illusion?

Law firms have seen an increase in claims for defective budgets in recent years. These claims arise when associations find out that what they thought was a solid budget turns […]

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HOA Maintenance Responsibility in Condominiums and Planned Unit Developments

If you find areas of your HOA’s governing documents are unclear in assigning responsibility for certain building components, you are not alone.  Determining who pays for what maintenance or repair […]

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How to Determine Maintenance Responsibility in HOAs

Figuring out who pays for what in a HOA (the association or the homeowners) can be nothing but a headache. The best way to avoid these problems is to make […]

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