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&Rs were recorded on the property they do not automatically bind all owners, so some title research help may be needed. The recording information on CC&Rs should be reflected on title insurance policies as a coverage exception, so you may find information that way.
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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 elections. The new law lists only five possible board candidacy disqualifications, so, for example, term limits are apparently barred. Second, the statute references only board candidacy, so can boards fill vacant seats by appointing a person who would be ineligible as a candidate for election to that seat? Third, new Civil Code Section 5100(g) allows board elections by acclamation if the number of eligible candidates after close of nominations equals the number of open positions. However, thi
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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 members may request. However, battles continue, and unfortunately HOAs sometimes control the flow of information from critics, and some homeowners use records demands as a weapon. When a board is under severe criticism it is a natural impulse to be defensive and close ranks, but the board cannot refuse a legitimate document request just because it expects the information to be used against it. The more a board stalls or resists providing reasonably requested documents, the higher the suspicion
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. In city council meetings, documents that don’t violate confidentiality or executive session privilege must be made available for review in advance of the meeting. Does the Davis-Stirling Act require something similar?