§6150 – Pre-Litigation Notice to Members

Not later than 30 days before the filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage to […]

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§6100 – Resolution Notice to Members

As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been resolved regarding alleged defects in the […]

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§6000 – Complaint Prerequisites

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

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§5985 – Comparative Fault

In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the association shall be reduced by the […]

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§5980 – Association Standing

An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining […]

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§5975 – Enforcement of Governing Documents

The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the […]

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Article 4. Civil Action (§5975-§5985)

§5975 – Enforcement of Governing Documents §5980 – Association Standing §5985 – Comparative Fault §5986 – Civil Action Against Declarant

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§5965 – ADR Summary Included in Annual Policy Statement

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 member […]

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§5960 – ADR and Attorney’s Fees

In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s refusal to participate […]

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§5955 – ADR After Enforcement Action Commenced

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 […]

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Who Should Make Decisions in HOAs: the Board or the Members?

Many people have observed that community associations are actually “mini-governments.”  The “citizens” (owners) elect “officials” (directors) to make both small and large decisions affecting their lives and assets.  These decisions […]

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California Drought: What Can Your HOA Do to Save Water?

With California facing a historic drought, both individuals and HOAs must work together to conserve water. Water conservation means knowing how to efficiently water your lawn and best practices for […]

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11 Essential Clauses for Construction Contracts in HOAs

Board members should be aware of these key contract provisions to include in agreements between homeowners associations and contractors. These terms cover everything from liability to attorney’s fees, and give […]

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7 Quick Tips on HOAs and Project Permits

HOA boards and owners should understand construction permit basics: deadlines, budgets, liability, and other aspects of project permitting that they can (and should) control.

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Electronic Recordings During HOA Board Meetings

Should Individuals be Allowed to Record HOA Board Meetings? Drama! As the meeting starts the Directors and manager notice an owner pull out a handheld digital recorder and push the start […]

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How to Fund a Lawsuit for Your HOA

The question of how a community association will pay for a lawsuit must be decided by the board when the need for litigation arises. Depending on whether the HOA is […]

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Under the Surface: Hidden Issues in Construction

Published in the ECHO Journal, February 2014 Buildings are always talking to us…it just may take a “building whisperer” to hear what they are saying. Of the many things buildings […]

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Fiduciary Responsibility of Association Directors

The law of fiduciary responsibility can be viewed as having two purposes. The first is moral or educational in nature. The law sets a standard for appropriate conduct of association […]

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Cost of Earthquake Insurance for HOAs in California

Earthquake risk keeps growing in California, making earthquake insurance a viable option for HOAs and condominium owners. Learn about the costs of insurance premiums, deductibles, and the types of homeowner […]

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Basic Homeowner Association Income Taxes

Published in the ECHO Journal, January 2014 Before jumping into the discussion of homeowner association income taxes, it helps if you get a limited understanding of the tax history. Understanding […]

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A New Design for Leadership

Published in the ECHO Journal, January 2014 Policy in this context is a written statement that causes others to take action in the attainment of a stated expectation. Governance is […]

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HOA Duty to Address the Upstairs Unit’s Noisy Floors

HOAs of multi-level condominiums or other developments are probably familiar with nuisances caused by noisy neighbors, with a majority of complaints coming from unapproved flooring. Associations have a legal responsibility […]

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