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 …

Civil Code § 5551 and Complying with Safety Inspection Requirements of Balconies

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” …

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The Recall Of Directors

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 …

Assembly Bill 3182 and California’s Growing List of HOA Restraints

Assembly Bill 3182 and California’s Growing List of HOA Restraints

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. …

Conquering Corona: Questions And Answers That Will Help Associations Navigate The Pandemic

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 …

Covid-19: Executive Orders, Restrictions, and What HOAs Should Do

In an attempt to slow the spread of COVID-19, on March 19, 2020, Governor Gavin Newsom issued a mandatory Stay at Home executive order. The order requires all California residents with non-essential jobs to “stay home or at their place of residence” for the immediate future. It is important to fully understand the order, how it affects homeowners associations, and which services are considered essential and exempt from the order. The website cited in Governor …

The Dangers of Using Unlicensed and Uninsured Contractors

by Stanley Feldsott  “Save the Association $1,000 – No One Remembers  Cost the Association $500 – No One Forgets.”            I like to think that in the year 2020 that most HOA attorneys would not advise an association to use an unlicensed or uninsured contractor. Though attorneys are known to disagree with one another on a number of issues, this is one of those rare topics where there seems to be a general consensus. That …

New Assessment Collection Case

by Stanley Feldsott    This case involves Highland Greens Homeowners Association of Buena Park and was a suit brought by the Association against Maria A. Basave De Guillen. Although we currently only have a Westlaw citation (2019 WL 4034663), the case was decided by the Bankruptcy Court in our Ninth Circuit (Bk. No. 8:18-bk-10693-CB) on August 26, 2019. Without becoming enmeshed in a discussion of the Bankruptcy Court’s interpretation of the Davis-Stirling Act and the …

Court of Appeals Holds That Tenants Do Not Have a Right to Attend Disciplinary Hearings

by Jacqueline Pagano, Esq.  Feldsott & Lee                  In a recent unpublished opinion, the Court of Appeals upheld the common practice of excluding tenants from disciplinary hearings and held that an association did not have to give tenants an opportunity to be heard before imposing fines on the landlord for the tenants’ nuisances and violations. In Harbor Island Condominium Owners Association v. Alexander (2019), two tenants rented a unit in a condominium project.  Harbor Island …

Court Holds Showing of Voter Apathy Not Required on Petition to Amend Declaration Despite Lack of Requisite Votes

by Jacqueline Pagano, Esq.  Feldsott & Lee                  Civil Code §4275 in the Davis-Stirling Common Interest Development Act allows a community association to petition the court to confirm an amendment to the CC&Rs, despite the fact that the proposed amendment was not approved by the requisite number of members set forth in the CC&Rs. The governing documents of many common interest developments require the vote of a “super majority” of members in order to amend …