NEW HOA DISCLOSURE REQUIREMENT (March 2016)
Beginning July 1, 2016, Civil Code section 5300 of the Davis-Stirling Common Interest Development Act will require Associations of condominium projects (but not other types of common interest developments) to include in their annual disclosures a statement describing the development’s status as a Federal Housing Administration (FHA) approved condominium project and a federal Department of…
DOES THE BUSINESS JUDGMENT RULE GOT YOUR DIRECTORS’ BACKS? (July 2016)
The law protects members of a community association’s board of directors from courts interfering with their exercise of business judgment in making decisions for the association. The rule of law is known as the business judgment rule and is codified in Corporations Code section 7231. This protection is available only under certain circumstances. To qualify,…
THE AIRBNB PROBLEM (August 2016)
Short term/vacation rentals, through AirBnB and otherwise, have plagued many communities in recent times. Some common interest developments have amended their governing documents to prohibit these problematic rentals. For developments that have not done so and for other communities, one way to combat this problem is the local zoning laws. For example, in a recent…
POLICING DISCIRMINATION PERPETRATED BY OTHERS (October 2016)
New HUD anti-discrimination regulations have significant ramifications for community associations and landlords. Under the new regulations, community associations may be liable for discriminatory harassment perpetrated by third parties. The federal Fair Housing Act prohibits discrimination in connection with housing and housing-related services because of race, color, national origin, religion, sex, disability, and familial status. The…
UNIT OWNER INFORMATION (December 2016)
Starting January 1, 2017, newly enacted Civil Code section 4041 will require unit owners to annually provide to the association written notice of (1) the address or addresses to which notices from the association are to be delivered, (2) an alternate or secondary address to which notices from the association are to be delivered, (3) the…
PESTICIDE NOTICE (January 2017)
A new statute was added to the Davis Stirling Common Interest Development Act this year. It requires that the Association provide notice to certain unit owners and tenants when the Association has pesticides applied to the common area or a separate interest by an unlicensed pest control operator. The content of the notice, the required…