Page 18 - Civil Code Section News Today

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Print Q: Are there laws governing the responsibilities and obligations of HOA boards, especially those related to limits on raising the monthly assessments that each resident in the community pays? C.G., San Diego A: Most CC&Rs limit boards to the assessment increases allowed by Civil Code Section 5605(b), permitting boards to increase assessments up to 20% annually, and to impose special assessments up to 5% of the HOA’s gross budgeted annual total expenses. These powers must be exercised in...

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The outcome of collective bargaining is typically a collective agreement. Truth in Renting Act ( 46:8-45) This form must be included with the lease agreement if the property has more than two (2) units (none of which are occupied by the landlord). Regardless of your state, Federal law mandates all state Lease/Rental Agreements contain certain information. For example, all agreements should include: Some states may impose a stricter right of entry laws for a landlord, while others may allow lan...

Print Q: I live in a townhouse. My neighbor had termites and my other neighbor on the other side suspects them as do I. We were told by the association that it is our responsibility to take care of them. It just seems to me that termites come from the outside in and should be the responsibility of the association. Could you shed some light on this for me? — M.N., San Clemente Q: Does the association have any responsibility to handle a termite problem originating from trestles (wood patio over...

To print this article, all you need is to be registered or login on Mondaq.com. (Civil Code Section 2954.8 Does Not Require a Lender to Pay Interest on Insurance Proceeds Held in Escrow For Payment of Repairs For Damage Sustained by Home Covered by Property Insurance) (April 2021) - In  Gray v. Quicken Loans, Inc., 61 Cal.App.5th 524 (March 2, 2021), the California Second District Court of Appeal affirmed the trial courts order dismissing a class action pursuant to a d...

Print Q: Is it considered a conflict of interest if a board member is also a HOA employee? Our board is voting on matters which would affect the job duties of the board member/employee. Would this be considered a conflict of interest? The director acts as property manager. — E.L., Simi Valley A: A homeowner who is also an employee, let alone the manager, is burdened with major conflicts of interest. Is the manager making their home a higher priority? Does the manager issue violation notices ...

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