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Have you had trouble reaching quorum for your election of directors? Has your association been in the tough position of trying to elect a board, but the number of ballots returned by the election date does not meet the minimum quorum requirements set forth in the governing documents? If you answered “yes” to both these […]
Part 1 of 3: California HOA Insurance Issues Insurance carriers throughout California are non-renewing homeowner association insurance policies. As a result, premiums and deductibles for available policies are increasing exponentially and the level of coverage offered is decreasing. In part one of a three-part monthly series, we discuss what to do when insurance policies are […]
As we previously reported, effective January 1, 2024, corporations are required to file reports identifying all “beneficial owners,” defined as “individuals who directly or indirectly own or control” a corporation. Corporations in business before January 1, 2024, have until January 1, 2025, to file their initial Beneficial Ownership Information (BOI) report. Penalties for non-reporting range […]
Given the unexpected spike in homeowners’ insurance rates in California, one step condominium associations can take to help minimize claims filed against their master policy is to adopt a Water Leak Policy. Beyond insurance considerations, having this type of policy in place is just smart governance. This policy supplements the governing documents and provides homeowners […]
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 […]
