Page 37 - Civil Code Section News Today : Breaking News, Live Updates & Top Stories | Vimarsana

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 law. HOAs adopting a rental cap should remember that Civil Code 4740(a) still applies so that the new ...

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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 quorum of the board attends the meeting. Then the committee meeting meets the definition of “boar...

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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&Rs were recorded on the property they do not automatically bind all owners, so some title research he...