Recent Articles

‘Twas the Night Before Christmas

December 21, 2008 13:48

HTML clipboard In an effort to minimize potential liability and calm homeowners’ concerns, the following report is submitted by the Association’s legal counsel. Whereas, on or about the night prior to Christmas, there occurred at a certain condominium (hereinafter “Unit”...

Brother/Sister Directors

December 14, 2008 14:26

BALLOT Vote for three: X John Doe X Sister Jane Doe Barney Smith X Fred Jones QUESTION: Regarding married couples on the board, would this also apply to a brother and his sister, living in two townhomes situated right next to each other? Our board has three directors. Consequently,...

Married Couples on Boards

December 07, 2008 15:00

QUESTION: We have two married couples who want to run for the board. Is there any Civil Code that addresses two persons from the same household (both on title) from running for the board. This would allow two households to control a five member board. ANSWER: Married couples on the...

Fire Safety Recalls

November 30, 2008 12:28

Just loved your condo fire story. It was not until my neighbor’s home burned down that I learned about fires. A fireman told me that you have only about four minutes to get out once a fire starts. The fire next door started from a bad surge protector. The neighbor told [...]Just loved...

Fire Hazards

November 23, 2008 14:25

QUESTION: Our board is concerned about the uproar when we hint at removing pines and eucalyptus trees that pose a fire hazard along the perimeter of a canyon. The trees are on community property and are the responsibility of the HOA. In the event of a fire, the canyon will act [...] QUESTION:...

Publishing Delinquent Owners’ Names

November 16, 2008 15:02

QUESTION: The board wants to publish the names of delinquent owners in our newsletter. First is this legal and two is it a good idea? ANSWER: Associations cannot publish the names of owners where the board voted to foreclosure on their units. Civil Code §1367.4(c)(2) However, there is nothing ...

Nosey Directors

November 09, 2008 15:30

QUESTION: Certain members of the board are too nosey. They ask new residents where they work and what they do, how much money they make. How much did they pay for their European vehicle? They watch everyone’s comings and goings and relate this information to other occupants of the...

Mid-Year Dues Increase

November 02, 2008 15:20

QUESTION: Is it legal for a board to produce an amended budget if they find 6 months into their year that they are not able to operate within the approved budget? ANSWER: There are three options for funding a mid-year unbudgeted expense. They are as follows: 1. A special assessment (i)...

Charging Guests for Parking

October 30, 2008 13:11

QUESTION: Can a condo association charge visitors to park on the common area? We only have 26 guest parking spots. Yet, we turn about 125 visitors a day and have daily arguments about parking availability. ANSWER: The association manages guest parking for the benefit of the membership. If the...

Removing Trees

October 19, 2008 14:44

QUESTION: Our board is removing 20 to 30 large trees from the common areas in our complex. There is quite an uproar about it. Can the membership vote to override the board’s vote? ANSWER: I’ve had associations where owners ran out and chained themselves to trees. While I applaud the...