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New Procedures Apply To The Adoption Of “Operating Rules”

The Davis-Stirling Common Interest Development Act was amended effective January 2003 by adding Civil Code Sections 1357.100 through 1357.150 which require that certain rules and regulations of an association defined in the Civil Code as “operating rules” satisfy specified criteria before that operating rule becomes effective. For certain categories of rule changes listed in the Civil Code, the board of directors of an association must give its members at least 30 days’ notice of a proposed rule change prior to adopting the rule change. The notice must include the text of the rule change and a description of the purpose and effect of the rule can; however, rules adopted for emergency purposes are exempt from the notice requirements.

Once the 30 day notice period expires, the Board may adopt the proposed rule change. The Board must notify the members soon as possible after the rule has been and no more than 15 days after making the rule change.

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Effective January 1, 2005, Assembly Bill 1836 changes the current requirements and process for Alternative Dispute Resolution,  by amending the existing provisions of the Davis-Stirling Common Interest Development Act (“Act) and adding additional provisions to the Act.  This Bill was introduced to enact recommendations made by the California Law Review Commission (CLRC). This new legislation requires that associations adopt some form of Internal Dispute Resolution process, as discussed below, and it also expands the scope of the disputes to which the Alternative Dispute Resolution processes must or can be applied within community associations.

Existing law requires that certain disputes be submitted to Alternative Dispute Resolution prior to a lawsuit being filed, either by a homeowner or by the association.  This Bill establishes a two-tier process to address disputes prior to enforcement through the court system.  As of 2005, associations are required to implement an informal process by which homeowners and boards “meet and confer” to discuss their disputes.  The CLRC came to the conclusion that some association boards were not talking with homeowners regarding their disputes, and felt that by encouraging personal communication that many disputes would be resolved without court intervention.

If the dispute is not resolved through the informal “meet and confer” process, either the owner/member or the association must still submit the dispute to some form of formal Alternative Dispute Resolution (ADR) prior to filing a lawsuit in the Superior Court.

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The new laws affecting collection of delinquent assessments now require the Board of Directors of an Association to vote during an open meeting of the Board to make the decision to record a lien. S&G and Association Lien Services has developed a simple Resolution Document that details all of the steps that need to be taken during that Board meeting to ensure compliance with the California Civil Code. Just click on the link below to download the Resolution Document (REVISED January 2006)

Download bod_lien_resolution_final.pdf

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Missed the recent teleconference but still want to hear what Sandra Gottlieb and David Swedelson had to say about SB 137 and the new assessment collection law and procedures? You are in luck. Download this MP3 file to your IPOD, computer or other device that will allow you to listen to this important seminar. If you want a CD with this MP3, contact jennie@sghoalaw.com.

Download sg_sb_137_teleconference.mp3

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As of January 1, 2006, Senate Bill 137 takes effect and the civil code sections regarding assessment collection drastically alter the collection process. In addition, the new law will prohibit associations from foreclosing on an assessment lien unless the amount of assessments owed (not including costs or interest) is $1,800 or one year of delinquency has passed on any unpaid assessments.

Our attorneys have been diligently researching and deciphering every aspect of this new law. As a courtesy, SwedelsonGottlieb/Association Lien Services will be hosting a teleconference on Thursday, November 17, 2005, at 10:00 a.m., to explain new civil code changes. There will be time at the end of the conference for questions to be answered. Just prior to the audio conference call seminar we will send you, via email, an outline and timetable or you can download a copy at https://www.hoalawblog.com. If you cannot call in at the scheduled time, you will have the option of calling in later (within 24 hours from the scheduled call time) and listen to a recording of the conference call, questions asked and answers to questions.

To participate in our teleconference, please contact Jennie Swanson, (310) 207-2207 ext. 210 or jennie@sghoalaw.com, to receive the call-in number and password. An article on the new law is currently accessible on our blog site, https://www.hoalawblog.com, we recommend reviewing it prior to the teleconference to help formulate any questions you may want to ask.

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That’s right, it’s budget time again.

Community managers and Board members are hard at work preparing their associations’ budgets and other required disclosure documents. As we do each year, Swedelson & Gottlieb is providing you with our 2004 Annual Disclosure Checklist.

The Checklist is in Adobe Acrobat PDF document format and can be downloaded by clicking on the following link. Download 2004ADC.pdf

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The California State Legislature has passed many code sections or statutory laws that govern the formation and operation of condominium and homeowner associations. The Davis-Stirling Common Interest Development Act (Civil Code §§ 1350-1378) was first made law in 1986 and was intended to bring together in one area of the Civil Code the most important statutory laws regulating California community associations. The Act has been amended more than 45 times since enacted. These important code sections are set out below with explanations and articles.

Contact Information
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 11900 W Olympic Blvd # 700
310.207.2207
In California: 1.800.372.2207
Fax: 310.207.2115
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Fax: 415.762.1888
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 949.476.3789
Fax: 949.752.2160
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 805.650.7899
Fax: 805.988.0570
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 909.476.3530
Fax: 909.460.0018

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