NEW HOA DISCLOSURE REQUIREMENTS (January 2018)
Effective January 1, 2018, new disclosure requirements added to the Davis-Stirling Common Interest Development Act include the following: ● The annual budget report distributed or made available to the members now includes a new component. In addition to the previously required items, it must include a copy of the “Charges For Documents Provided As Required…
NEW REQUIREMENTS FOR HANDLING HOA FINANCES (December 2018)
Pursuant to Senate Bill 2912, which the Governor signed in September, the Davis-Stirling Common Interest Development Act has been amended to add new requirements effective January 1, 2019 for handling association finances. The new requirements are as follows: ● Unless the governing documents impose more stringent standards, the Board must review, on a monthly basis, (1) a…
TERM LIMITS FOR HOA BOARDS (March 2024)
As we all remember, in 2019 with SB 323 (effective 2020), the Legislature took it upon itself to limit the permitted qualifications of candidates for a community association’s Board of Directors. The list of permitted qualifications, found in Civil Code section 5105, did not include term limits. It was debatable whether term limits were a…
HOA PAYMENT PLANS AND NOTICES OF DEFAULT (JULY 2024)
A significant case for community associations recently came out of the Court of Appeal. In Doskocz v. ALS Lien Services, the court addressed two previously undecided issues pertaining to the collection of delinquent assessments: (1) can the statutorily prescribed priority for applying partial assessment payments (i.e., first to the principal balance of the assessment itself and…
ARE EV CHARGING STATIONS A “MUST” FOR HOA'S (October 2024)
Two questions arise when it comes to installing electric vehicle charging stations: (1) are Associations required to provide electric vehicle charging stations for the owners’ use and (2) must Associations allow owners to install electric vehicle charging stations? As the use of EVs become more prevalent, these questions become increasingly relevant to more Associations. The…
NEW TENANT PROTECTIONS FOR “QUALIFIED COMMERCIAL TENANTS” (November 2024)
Via recent legislation (Senate Bill 1103), California has expanded some tenant protections, previously applicable only to residential leases, to certain commercial leases starting on January 1, 2025. The protections apply to commercial leases in which the tenant is a “qualified commercial tenant.” To be a “qualified commercial tenant,” the tenant must satisfy both of the…