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HOA Law Blog

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 Preparing for the Inevitable: Raising Assessments and How to Do It

 Preparing for the Inevitable: Raising Assessments and How to Do It Whether it’s to pay for repairs to the common area, replenish reserve funds, pay for increased utilities, stay even with inflation, raise funds for a new project addition such as a playground or pool (also known as capital improvement),…

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New Election Laws

In October 2021, Governor Gavin Newsom approved the following three bills affecting homeowner association elections: SB 392, SB 432, and AB 502. These bills made some improvements to the HOA election laws that were passed in 2019, but then they complicated others.  First, SB 392 made one simple improvement regarding…

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Creating Committees

Does your board table decisions because you can’t get through all of the discussion? Is there a big project that your association needs to complete, but the minutia of it is overwhelming the board? Don’t let the added work hold you back. Recruit volunteers from the membership to assist the…

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Your Association Received a Preliminary Lien Notice. Now What?

Under California law, most licensed contractors or suppliers that provide labor, services, equipment, or materials on projects involving the common area of a community association are entitled to record a mechanic’s lien or issue a stop payment notice if they are not paid for their work or materials. Associations involved…

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NEW AND HELPFUL FEDERAL RESOURCES REGARDING ASSOCIATION WORKPLACE SEXUAL ORIENTATION AND GENDER IDENTITY FROM THE EEOC

The United States Equal Employment Opportunity Commission (“EEOC”) recently created a new webpage with helpful practical information to guide employers and employees about employment discrimination based on sexual orientation and gender identity. This new webpage provides additional clarity about sexual orientation and gender identity protections based on the 2020 Supreme…

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Did You Know? SB 432 Corrects Problems with Recall Elections Created by SB 323

When SB 323 took effect on January 1, 2020, it greatly modified the Davis-Stirling Common Interest Development Act’s election procedures, including timelines for conducting an election. In the process, it inadvertently created a conflict in the law regarding recall elections that community associations have been struggling with ever since.  …

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California HOAs/Community Associations Have Been Hit With Massive Increases in Premiums and Outright Cancellation// Call to Action

Many California community associations are dealing with massive and significant increases in their insurance premiums. These increases were not anticipated and as a result they are unbudgeted requiring that boards levy emergency special assessments, borrow from reserves or otherwise find the money to pay the increased cost of insurance. It…

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AB 1584: No Time to Comply  California Extends Compliance Deadlines For Leasing Requirements and Confirms Reasonable Restrictions Are Allowed for Accessory Dwelling Units 

On September 28, 2021, the state passed AB 1584 which amends laws regarding mobile home parks, mortgage protections, and access to limited civil case records among other things. Most importantly, as it applies to homeowners’ associations, AB 1584 contains provisions that affect restrictions on accessory dwelling units (“ADUs”), junior ADUs,…

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SwedelsonGottlieb Publishes Its 2021 – 2022 Disclosure And Notice Checklist

It is fall, and for most California community associations, it is budget season and boards and managers are in the process of preparing budgets for the 2022 fiscal year. Along with the next fiscal year’s budget, boards and managers need to be thinking of all of the disclosures that California…

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AB-38, FIRE PREVENTION, AND NEW ESCROW DISCLOSURE REQUIREMENTS

Sometimes you do not even know there is an issue until someone raises a question.  Special thanks to Ryan Gesell from Cline Agency and to the managers that asked Ryan if Civil Code §§ 1102.6f and 1102.19, as added by AB-38 (2019), apply to homeowners’ associations; teaser alert:  they do!…

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