Page 19 - Civil Code Section News Today

Print Q: Regarding your recent article, does the Section 4741 approval of rental caps as low as 25 percent of the HOA mean a HOA such as ours can disallow rentals above that percentage? We are a small community with surging rentals, creating automobile congestion on our streets. — P.W., San Diego A: Civil Code Section 4741, new in 2021, allows HOAs to set rental caps as low as 25 percent. That is a minimum, so HOAs with current caps above 25 percent are unaffected by that aspect of the new la...

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Print Q: I am on the Architectural Review Committee for our association. Recently homeowners have asked to attend the meetings. What are the guidelines for homeowner attendance at these meetings? We have said they can sit and observe without comment. Some homeowners have attended strictly to attack the members for what they perceive as a slight to their plan approval process. Should we allow attendance? — A.C., Westlake Village A: HOA committees do not fall under the Open Meeting Act unless a...

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Q: Do you have any information regarding the expiration of CC&Rs? I’ve heard 20 years from the time of the recorded filing of the CC&Rs. My subdivision development of homes has no common areas but does have a HOA. The CC&Rs don’t show up in the San Mateo County recorder system. I need to confirm whether the HOA should have renewed and recorded the revitalization of the CC&Rs as they are over 30 years old. Any information would be appreciated. — O.M., South San Francisco A: Unless the CC&R...

Loss of enjoyment of life Physical impairment Grief/anxiety/humiliation A third category of compensation, “punitive damages,” are rare. These are sometimes awarded to punish a defendant, and to serve as a deterrent. California law requires proof that the defendant or at-fault party acted with malice, oppression or fraud. Per c) As used in this section, the following definitions shall apply: (1) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff o...

Print The 2021-2022 legislative session is under way and by mid-January the Legislature does not have any HOA bills pending. The past two years were eventful due to 2019’s Senate Bill 323’s substantial changes to the election processes, and 2020’s Assembly Bill 3182’s new protections of rentals within HOAs. In case a legislator or staff member is reading, (or you want to suggest some improvements) here are ideas to HELP California HOAs. First, resolve the questions remaining about HOA e...

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Print Over the many years I have been writing this column, the clear No. 1 ranked dispute between homeowners and their associations regards records and information access. These disputes are never productive, and generally are avoidable. Here are some tips for HOAs regarding producing requested records and some tips for requesting homeowners. The law has improved dramatically in recent years in this regard. Civil Code 5200 provides a very clear list of what are “association records” which m...

HOA Homefront – Requests for HOA Information (Part 2) [The San Diego Union-Tribune] Part 1: Questions about HOA disclosures. Q: I attended my first HOA meeting and I noticed that the format is slightly different from city council meetings. Board members were provided a lengthy document prepared by management, containing specific details on water usage, maintenance requests, and detailed financials. I queried if the report was available, and was told no, they are only provided to board members...