Balcony Failure

A Practical Guide to Senate Bill 326

On August 30, 2019, Governor Gavin Newsom signed Senate Bill 326 into law.  The Bill added new Civil Code §§ 5551 and 5986 to the Davis-Stirling Common Interest Development Act and became effective on January 1, 2020. In short, new Civil Code § 5551 applies to condominium buildings containing three or more units and requires associations in applicable condominium projects to perform a periodic inspection of condo balconies and other load bearing elements that extend Read more…

Vacancy

California Enacts AB-3182

The Attack on Rental Restrictions Despite our best efforts, the California Legislature recently passed — and the Governor signed into law — Assembly Bill 3182. Unfortunately, this is going to have a very rapid and significant impact on the enforcement of rental restrictions in many common interest developments. Some of these changes are not immediately apparent from a cursory reading of the new statute. This article will give an overview of the changes, and then Read more…

Go Vote

Sign of the Times

Displaying Non-Commercial & Political Signs in an Election Year If you are wondering how there are still four months left in 2020, you are not alone.  But it is not over yet, we still have another quarter to go and the Presidential election is just around the corner.  Everywhere you turn, click, or scroll, you see the flash of red, white, and blue, you hear the chants – “Keep America Great”, and see the streets Read more…

Foreclosure

Lien Days Ahead for Delinquent Assessment Collections

By now for most of us the “new normal” is simply the “normal” as we have all become involuntarily accustomed to living with COVID-19. While the health consequences of the Coronavirus are very much to the forefront, the inevitable economic impact has become increasingly prevalent. Many of the owners and occupants of the associations we all represent, manage, and govern are in financial dire straits and as tends to happen during economic hard times, one Read more…

Accessory Dwelling Units

Accessory Dwelling Units: What Boards Need to Know

Way back on October 8, 2017, Governor Brown signed into law two separate bills: SB229 (Wieckowski) and AB494 (Bloom). Those bills were designed to promote the development of Accessory Dwelling Units (ADUs), also known as granny flats, backyard cottages, casitas, in-law units, over-garage apartments, and other secondary units built on a lot in addition to the primary home. These changes to the law originally did not affect private restrictions in common interest developments. However, they Read more…

Election Season

Elections: Association Obligations Under Civil Code 4515

With election season upon us, members and residents of community associations will undoubtedly and rightfully begin to organize and participate in a number of activities related to political speech and assembly. It is crucial for community association boards of directors to understand their rights and obligations related to members’ and residents’ use of common area facilities for these events. Effective as of January 2018, Civil Code Section 4515 protects political speech and assembly rights by Read more…

Los Angeles County Pools

Los Angeles County Issues Protocols for Reopening Pools

Late in the day on May 26, 2020, the Los Angeles County Department of Public Health and the County Health Officer issued a document titled “Protocols for Reopening of Swimming Pools in Shared Residential Facilities” which sets out the requirements that an association within the County must follow if it wants to reopen the community pool. The full text of the document can be found on the LA County website here: http://ph.lacounty.gov/media/Coronavirus/docs/protocols/Reopening_ResidentialSwimmingPools.pdf If that link Read more…

Pool Closed

To Open or Not to Open

Common Area Amenities and Community Association Pools With public health orders at the state, county, and local level evolving almost daily, many community association boards are wondering when and how they can reopen community pools.  The uncertainty surrounding pool reopening is compounded by the fact that local public health orders, and their applicability to private community pools, differ from county to county.  In some counties which have not taken a clear stance, the guidance provided Read more…

Coronavirus Q&A Part 4

Coronavirus Q&A (Part IV)

Answers to Legal Questions During a Pandemic Adjusting to life during the Coronavirus pandemic has been a challenge, but thousands of community managers, volunteer board members, and business partners continue their dedication to serving communities throughout California. The following are questions that we continue to receive from our clients and our recommendations for dealing with these ongoing issues. Please note, this is the best advice available to us as of the time this article was Read more…

Coronavirus Q&A (Part III)

Coronavirus Q&A (Part III)

Additional Legal Issues During a Pandemic Questions still abound as to how associations and their Boards of Directors should be responding to the issues raised by the COVID-19 pandemic. Below are a few more questions our firm has been fielding recently, and the advice that we are currently providing to our clients in dealing with them. It is important to note that this is the best advice we are able to provide as of the Read more…