On April 7, 2017, Governor Brown issued Executive Order B-40-17, formally ending our California drought emergency. This order directly affects Civil Code 4735(c) and Civil Code 4736.
Civil Code 4735(c) bars an association from fining owners with brown lawns from not watering them during a declared state of drought emergency.
Since the state of emergency has […]
As the drought situation in California continues, most HOAs have taken water conservation very seriously. Boards are strongly encouraging owners to dramatically reduce their water use and replant landscapes with drought friendly plants. Synthetic turf has become a significant topic of conversation in the effort to conserve water, but many boards have been reluctant […]
Assembly Bill 1738 has hit the desk of Governor Brown and awaits his signature. What exactly is AB 1738 and why should you get involved?
This bill encourages owners to bring a lawyer to an Internal Dispute Resolution (IDR) with a Board member. An IDR, also referred to as a Meet and Confer, is a causal […]
Most California homeowners associations (Community Associations) are mutual benefit corporations. As such, the business affairs of the corporation and all corporate powers are to be conducted and exercised by and under the direction of the duly elected (or appointed, if applicable) Board of Directors. This principle applies to mutual benefit corporations in California, as […]
AB 968 aims to clarify confusion in the Davis-Stirling Act about the exclusive use common area of your HOA. The current language of the Davis-Stirling Act omits who is responsible for repair and replacement of exclusive use common area. If your association’s governing documents do not specify responsibility either, problems can arise if these […]
A piece of legislation winding its way through Sacramento, AB1738, seeks to override a recent California appellate court decision that allows Boards to prohibit members from bringing legal counsel to Association meetings.
HOA Board meetings may be attended by Association members (excluding proper executive session meetings). However, third parties are not entitled to attend Association […]
Some Planned Unit Developments (PUD’s), where owners have a fenced or enclosed back yard, prohibit the owner from using the land for agricultural purposes. Why? Some of the issues associated with growing your own food within an HOA include: If the owners are on shared community water meters, more water may be used by […]
On January 21, 2014 California Governor Jerry Brown declared a drought emergency. Climatologists report that the 2013-2014 rainfall season is well on its way to becoming California’s driest period in more than 400 years. 2014 is shaping up to be the third consecutive year of record low rainfall. In 2013, California received a statewide […]
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