This category focuses on legal topics related to the Davis‑Stirling Common Interest Development Act, which governs homeowners associations and common interest developments in California. Articles in this section provide guidance, updates, and insights relevant to board members, property managers, and homeowners.
Boards of directors are responsible for many duties with respect to governing the association, and often have the difficult task of working to maintain the peace. One way a board may believe it can maintain peace is by prohibiting political signage throughout the association or limiting political activities in the Read more
What does this mean for HOAs? As California continues to experience drought conditions, water districts across the state are implementing water restrictions in an attempt to mitigate the dry conditions. According to the U.S. Drought Monitor, which uses a five-category system from abnormally dry to exceptional drought, 97.5% of the Read more
We hope the above timeline and flowchart will help to make your elections run more smoothly. Also, make sure you review our article on the elections by acclamation process to familiarize yourself with all of the new requirements. As always, don’t hesitate to contact us if you have any questions.
First and foremost, the Bill resolves deadline conflicts with regards to recall elections caused by SB 323 which took effect on January 1, 2020. Generally, recall elections are called by a petition of the members, to which Corporations Code §7511(c) requires associations to hold recall elections no later than ninety Read more
AB 1101 was recently passed and signed into law by Governor Newsom and became operative January 1, 2022. This new legislation requires the association’s managing agent to change the way association funds are deposited and maintained and requires the association to add additional insurance coverage to its books. These changes, Read more
What Topic Does SB 392 Cover? SB 392 mandates that an association shall deliver a document in accordance with the member’s preferred method of delivery. This means that, under the correct circumstances, associations may use email as the default method when sending documents or notice to members via individual delivery. Read more
On September 23, 2021, Governor Newsom signed SB 391 into law as urgency legislation, and it became effective immediately. SB 391 adds Section 5450 to the California Civil Code, establishing that California common interest developments are permitted to conduct board meetings and meetings of the membership via video or teleconference Read more
Senate Bill 391 was passed in response to the state and federal emergency declarations and prohibitions on in-person gatherings which forced most associations to move their board and membership meetings to virtual platforms in 2020. Over a year-and-a-half after the Covid-19 pandemic first caused us to change our ways of Read more
As for the timing, all associations were required to fully comply with this new law as of January 1, 2021, and to add further burden, any associations with conflicting provisions in their governing documents were required to amend those documents by no later than the end of the year. There Read more
For those unfamiliar with that term, it essentially means that if you have an uncontested election where you have the same number of candidates running for election as there are open seats, then you already know the outcome of the election and don’t need to go through the process of Read more