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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 or despicable conduct which is carried on by the defendant with a willful and conscious disregard of ...

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 elections. The new law lists only five possible board candidacy disqualifications, so, for example, t...

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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 members may request. However, battles continue, and unfortunately HOAs sometimes control the flow of ...

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 priv...