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As we look back on 2023, we are struck by the number of associations that have faced unexpected expenses – skyrocketing insurance premiums, unanticipated repair costs resulting from record rainfalls, increased labor costs, and more. Financial strain has forced many boards to consider the prospect of levying a special assessment, many for the first time […]
Our annual legal update is here! Below is the latest on virtual meetings, ADUs, director elections, and more. All new laws summarized below are effective January 1, 2024, unless otherwise noted. Contact your favorite HGCT attorney if you have questions on how these changes impact your association. New Legislation AB 572: Limitation on Regular Assessment […]
Effective January 1, 2024, community associations may conduct board and member meetings entirely by teleconference, meaning without a physical location. However, certain requirements must be met in order to meet entirely by teleconference. Overview Currently, in order to conduct a meeting via teleconference, the Open Meeting Act requires an association also designate a “physical location […]
Or, Sometimes Judges Get it Wrong. A surprising decision was recently published by the Fourth Circuit Court of Appeal (LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Association). The case involved an interesting interpretation of the definition of “board meeting” and arguably dispensed with the requirement that board deliberations be conducted in […]
Even though HOA election laws were last updated in January 2022, many are still understandably confused by the complicated statutory procedure required to elect directors without balloting when a board of directors election is uncontested (the number of candidates does not exceed the number of open seats on the board). An HOA can save considerable […]
We talk a lot about the fines and other penalties associations can impose on members who violate the governing documents. What about the fines and penalties which can be imposed on associations? Associations that violate certain Civil Code sections may have to pay monetary penalties or fines (typically called “civil penalties”) in addition to paying […]
Are You Behind on the “Balcony Bill” Requirements? The “Balcony Bill” (otherwise known as Civil Code §5551) has been a hot topic since it was codified in 2019. Some are tired of hearing about it. Others believe there is no rush – there is still plenty of time! While the initial inspections do not have […]
Hearing Notices 101 Hearing notices are simple, right? Just include the date, time, and place and you’re good to go! Not so fast… Do you remember the five W’s: Who, What, Where, When, and Why? A hearing notice that does not include all of this information could result in an unenforceable disciplinary action, including the […]
