by Andrew Parslow When a member of a homeowners association consistently fails to make assessment payments, the board of a homeowners association may place a lien on the delinquent homeowner’s property for the amount owed in unpaid assessments. If the parties are unable to come to an amicable resolution after the lien is placed on the property, there are two avenues of foreclosure available to an association: judicial foreclosure and non-judicial foreclosure. Historically, Feldsott, Lee …
(Effective January 1, 2024, Unless Stated Otherwise) by Andrew Parslow AB 572 – Restrictions on Increasing Regular Assessment on Low Income Units (Civil Code § 5605) Assembly Bill 572 is concerning as it directly impacts an association’s ability to increase regular assessments. Fortunately, this statute only affects associations whose original declarations are recorded on or after January 1, 2025. This statute amends Civil Code § 5605 to prohibit associations that have recorded their original declaration …
by Andrew Parslow As technology inevitably changes over time so too must architectural standards and the laws that govern them. Nowhere is this more apparent than with solar panels. Advancements in technology make it possible for homeowners to place solar panels directly on the roofs of their units. Such solar panels make it more affordable for the unit owner to provide power for their homes and reduce their impact on the environment. Unfortunately, like any …
by Andrew Parslow On January 1, 2022, two new statutes impacting the respective rights of landlords and tenants went into effect. California Civil Code §1947.12 and the amended §1946.2 impose a variety of restrictions on a landlords ability to increase rent, evict tenants, and terminate rentals. Civil Code §1947.12 restricts a landlord’s ability to raise the rent on their property. Over a twelve (12) month period, rent cannot be raised more than the lower of …
by Andrew Parslow As the COVID-19 Pandemic subsides, it is becoming increasingly clear that for better or worse the world will never be the same. One of the many things that changed during this trying time was the manner in which people communicated. Concerns that congregations of people would further spread the virus led to an increase in the use of teleconference services, such as Zoom. During this period, many associations and their members became …
Additional Dwelling Units: How to Interpret the Relevant Statutes and Best Implement Them
To combat the housing crisis, the California legislature passed a series of statutes that make it easier for property owners to construct Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JDUs” or “JADUs”) on their property. These changes in statutes and the increased use of ADUs and JDUs, necessitate that associations quickly adapt to avoid unintentional violations of the new statutes and ensure that these new types of units are implemented in a manner …
by Stanley Feldsott On August 30, 2019, Governor Gavin Newsom signed Senate Bill 326 into law. This law, which went into effect on January 2020, added §5551 to California’s Civil Code. The added section imposes inspection requirements for “exterior elevated elements” which a common interest development’s association has maintenance or repair responsibilities. This requirement does not apply to associations with fewer than three multi-family dwelling units. The statute goes on to define “exterior elevated elements” …
by Stanley Feldsott A number of years ago, I published an article on recalling the Board. Although the procedures are still a creature of statute, changes in the Davis-Stirling Act with respect to elections have had some impact on the recall procedure, particularly when one keeps in mind that the typical recall meeting actually involves two matters: the first is whether there should be a recall, and the second is for the election of new …
On September 28, 2020, Governor Gavin Newsom signed Assembly Bill 3182 into law. The new law amends Civil Code § 4740 and adds Civil Code § 4741 putting new rental restrictions on homeowners associations. Under the new law, rental bans will become illegal starting January 1, 2021. The change to the law also removes homeowners’ rights to vote on banning rentals. In addition, at least 25% of HOA neighborhoods can be used as rental properties. …
by Stanley Feldsott The COVID-19 pandemic has created a great deal of uncertainty in this country, including with homeowners associations. We have received several questions from associations regarding the current ‘Stay at Home’ order and how to properly protect members, staff, and service workers. These commonly asked questions will hopefully provide your association with answers and guidance during these trying times. Should we still be collecting assessments? Yes. Collecting assessments is a duty imposed on …