(a) No common interest development may require a homeowner to install or repair a roof in a manner that is in violation of Section 13132.7 of the Health and Safety Code. (b) Governing documents of a common interest development located within a very high fire severity zone, as designated by…
HOA Law Blog
Civil Code § – 1353.6 – Displaying Of Noncommercial Signs Or Flags
(a) The governing documents, including the operating rules, may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in an owner’s separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state,…
Civil Code § 1353.5 – Right to Display The American Flag.
(a) Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by an owner on or in the owner’s separate interest or…
Civil Code § 1353 – Contents of Declaration.
(a) (1) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the…
Civil Code § 1352.5 – Covenants in Violation Of Government Code § 12955; Action for Injunctive Relief
(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding any other provision of law or provision of the governing documents, the board of directors of an association, without approval of the owners, shall amend any declaration…
SwedelsonGottlieb’s Letter Sent To Govenor Arnold Schwarzenegger
SwedelsonGottlieb was asked to prepare a letter to Governor Arnold Schwarzenegger and his staff setting out our issues and concerns regarding AB 2598. The following is our letter that went out to the Governor on September 21, 2004: Governor Arnold Schwarzenegger State Capitol Building Sacramento, California 95814 Re: Veto AB…
Governor Signs into Law Changes to Civil Code Section 1363.03 Dealing with Election Procedure
Please do not shoot the messenger as we are only reporting the news. On September 18, 2006, the Governor signed S.B. 1560 (the “Amendment”), which modifies recently enacted Civil Code Section 1363.03. This “cleanup bill” clarifies some troublesome issues, which will hopefully allow associations to get through the election process…
A Soon To Be State Law May Do More Harm Than Good
A Soon To Be State Law May Do More Harm Than Good Steven Shuey, PCAM, CCAM Homeowner Associations exist in common interest developments to manage the community. This management includes providing for the maintenance of the common areas as well as administration. In many communities, this can mean thousands of…
SAMPLE LETTER TO GOVERNOR SCHWARZENEGGER
Veto AB 2598 (Steinberg) This is a sample letter that you can use as a template for your own letter to the Governor Schwarzenegger letting him know that this legislation protects delinquent owners at the expense of those owners who timely pay their assessments. WRITE TODAY-DO THIS AS SOON AS…
As The Condo Market Sours, Buyers Turn To Courts Seeking Exit Deals
Interesting article recently appeared in the Wall Street Journal (and was also reported in the Los Angeles Daily Journal). Apparently there are “tens of thousands of empty or unfinished condominiums” in Florida. While we have not heard of this type of inventory in California, there are many condominium buildings under…