HOA Homefront

This week, Kelly Richardson, Esq., CCAL, addresses reader questions on limiting rentals:

Can We Limit Rentals? Can CCRs be changed to include leasing prohibition or can it be amended to limit the number of rentals to a percentage of 30%? Can some communities enforce a 6-month to 2-year residency requirement after purchase, requiring the owner to live there? Or can a community require that the tenants be scre...

This week, we answer questions regarding homeowner discipline. Read more here:

Constitutional Rights in Hearings, and Does the Delinquent Owner Talk? Dear Kelly: We have a homeowner that insists that the HOA must have the complainant in a harassment violation present at his hearing? Is it required? M.H., Pacific Beach

We’re addressing three reader questions from Irvine, Redondo Beach and Dana Point
about Fair Housing Laws.

Thank you to everyone who continues to submit questions. I am grateful for your support and participation.

Is THIS OK Under Fair Housing Laws? Kelly: The board recently voted to change the parking rules in our community handicapped stalls within the parking garage. The board says handicap stalls will be viewed as common visitor stalls subject to the same visitor parking limits. The intent of this change by the board is to punish individual...

This week’s article gives homeowners some suggestions on responding to disciplinary hearing notices and informs boards as to how they should conduct such hearings.

Called to A Disciplinary Hearing – What Do I Do? A notice of a disciplinary hearing is not great news, but that is how associations compel owners to be good neighbors. How one responds to a hearing notice can greatly affect the outcome. Here are some tips as to how to respond, hopefully toward a more productive hearing presentation and to help avo...

Here are three questions regarding open forum limitations from Vista, Temecula, and Torrance:

Why Can’t We Speak In the Meeting? Question: We have a dispute with our HOA board and tried to inform those present during open meeting time and were not allowed to speak. We were told this was not on the agenda and this is private. Is it not our right to disclose what we do not want kept private? C.W., Vista

Here’s the final part of our five-part series (directors, homeowners, managers, vendors, and HOA attorneys).

What should HOAs expect from their attorneys? Find out here:

14 Things I Wish All HOA Attorneys Knew A syndicated weekly column that educates the public on issues pertaining to California residents living in common interest developments, their boards of directors, and community association managers.

This week, Kelly Richardson addresses, “Thirteen Things I Wish All HOA Service Providers Knew.” Read part 4 in this 5-part series here: bit.ly/3RlCuxR

Thirteen Things I Wish All HOA Service Providers Knew A syndicated weekly column that educates the public on issues pertaining to California residents living in common interest developments, their boards of directors, and community association managers.

Managers are the HOA’s most important service providers. Read part 3 in this 5-part series.

Seventeen Things I Wish All HOA Managers Knew A syndicated weekly column that educates the public on issues pertaining to California residents living in common interest developments, their boards of directors, and community association managers.

This is part 2 of a 5-part series. This five-part series will address boards, homeowners, managers, vendors, and HOA lawyers. Read part two here:

Eighteen Things I Wish All HOA Members Knew 11. You are an observer, not a participant, in board meetings. Other than open forum time, let the board deliberate. They’re legally responsible for the decisions, not you.

Today’s column is the first of a five-part series. This five-part series will address boards, homeowners, managers, vendors, and HOA lawyers. Read part one here:

Thirteen Things I Wish All HOA Directors Knew A syndicated weekly column that educates the public on issues pertaining to California residents living in common interest developments, their boards of directors, and community association managers.

Kelly Richardson, Esq., CCAL answers two questions on HOAs making rules (improperly).

👉 https://bit.ly/3WDgRfW 👈

Did They Change Our Rules Properly? Question: If the board decides to change any rules shouldn't those rule changes be placed on the open general session board meeting agenda for discussion and vote of the board members before being sent out for the 28-day comment period? Is it a violation to make this decision in executive session, w...

The management profession in the HOA world is struggling to find good community managers, but some service issues are created by the client, not the manager. Kelly Richardson, Esq., CCAL, explains more:

Is It Our Manager Or Is It Us? Many associations struggle with a poor manager relationship, resulting in frustration for both sides.  However, such struggles are sometimes created by the board and not the manager. Therefore, these can be resolved by a change in board practices.

Most HOA bylaws have sections describing board officer duties. Unfortunately, the language is often boilerplate and not helpful. Here’s a clear outline of what each board officers do in the HOA.

Board Member Officers: Who Does What? Kelly: I am a sitting board member for our HOA and we are coming up next week with our annual board election and a possible change of president (which is badly needed). As of right now, we have only 3 board members present out of 5 due to one moving away and another just resigned.

Kelly Richardson continues the theme of reader questions on HOA elections. 👇👇

Outdated Election Rules; Candidate Statements Our HOA ballot package for the board election included 3 candidate statements that endorsed themselves as a slate, one of whom also criticized their opponent.  In the past, candidate statements included bios, qualifications, and what they had done or will do, but did not mention opponents or endors...

HOAs are still trying to work through the relatively new election by acclamation process. Here are reader questions from Lodi and Escondido on the subject.

Election By Acclamation Hello Kelly, I came across an article in which you answered a question about election by acclamation. There is a lot of information on the internet about acclamation, but one item does not seem to be answered.  Perhaps you can assist. Once a board determines/votes to elect candidates by acclamation...

April is National Volunteer Month, and often it can be hard to find Board volunteers. Unfortunately, the cause is often self-inflicted. Read more below.

Why They Won’t Volunteer Filling open HOA board seats is a vexing and discouraging problem for some associations. However, there may be reasons why neighbors are not interested in serving. Could any of the below characteristics describe your association?

Misleading and self-serving statements by the “toxic mold” industry continue to grab attention. This second installment lists further wrong statements followed by the truth.

Wrong Statements About “Toxic Mold” Panicking Residents [Part 2] Misleading and self-serving statements by the “toxic mold” industry continue to grab attention. This second installment lists further wrong statements followed by the truth.

We’re addressing some of the misstatements that are misleading homeowners, HOA boards, and managers – because overreaction is expensive.

Wrong Statements About “Toxic Mold” Panicking Residents [Part 1] In 2000, a new panic swept the country - “toxic mold.” Twenty-four years of lawsuits and untold billions of dollars later, major mold myths continue to frighten residents and cause exaggerated repairs and unnecessary conflict. On one side of the debate is the mold industry- testers, consultants,...

Is it legal for the board of a community to host a meeting without including representation from the HOA’s management? - A.L., (manager), Laguna Hills

Must Our Manager Attend The Board Meeting? Dear Kelly: Is it legal for the board of a community to host a meeting without including representation from the HOA’s management? A.L., (manager), Laguna Hills

Dear Kelly: My question is whether it is legal to raise one's HOA fees without prior notification of the proposed increase. I am aware that the board has the authority to raise fees, but I'd like to know if it is legal to raise them without prior notification. A.P., Escondido.

Answer here:

Is My HOA Supposed to Notify Us In Advance? Dear Kelly: My question is whether it is legal to raise one's HOA fees without a prior notification of proposed increase.  I am aware that the board has the authority to raise fees, but I'd like to know if it is legal to raise the without prior notification. A.P., Escondido.

This week, Kelly Richardson addresses a question from a Los Angeles reader who says they don’t have a board in their HOA. YIKES!

Our HOA Has No Board Dear Kelly, I have been a member of a small condo for over two years. There are no board members and the HOA doesn't meet either in person or virtually. All communication is via email for voting. One owner acts as an accountant, quasi-treasurer, just paying bills and preparing quarterly statements.....

One of the more unusual laws for HOAs that took effect this year came from Assembly Bill 1572, which seeks to end the watering of “nonfunctional turf” in HOAs and other institutional property owners.

A reader from San Diego submitted questions here ➡️

New Law Restricting Watering of HOA “Nonfunctional Turf” Dear B.W.: Even though 2024 is expected to be a drought-free year, California is historically prone to periods of drought. On October 13, 2023, the Governor signed into law Assembly Bill 1572, creating a new Water Code Section 10608.14. [So now, in addition to Civil, Government, Corporations, and Ve...

I've addressed three reader questions, all asking if the HOA can ban their dog. Two of the three involve support animals and the third is a ban on large dogs.

Read more here ➡️

Is My Dog Allowed? Dear Mr. Richardson: I am hoping you could help me with my HOA that’s trying to remove my daughter’s support dog because of its weight and breed. They are threatening to come and have her removed because she got too big. Can they do this? It would devastate my daughter if they took her dog. S.L....

Read this week’s expository column on disability accommodation requests.

Fair Housing Laws – Helping Those Who Need It California and federal law provide important protections for disabled persons. Morally and legally, doing what we reasonably can to help the disabled live as normally as reasonably possible is the right thing to do.

California HOAs have had 4 years since Senate Bill 326 created Civil Code 5551. However, attention is ramping up on the topic with the deadline approaching on January 1, 2025.

Here are three reader questions on the subject:

Do Our Balconies Require Inspection? Kelly, I am on the board for our HOA, which is comprised of single family residences. Does the new balcony law pertain to our situation? Quite a few  of our homes have decks on the rear for a better view, all going through an architectural application to the architectural committee. Thank you, G.H....

This week’s column addresses two reader questions regarding assessments and increases. Too many people fail to realize how serious are the consequences of falling behind on those payments. ⬇️ ⬇️

Assessment Increases - What If I Can’t Pay? HOAs are not as flexible as individual homeowners in their ability to readjust cash flow or draw on credit to pay for unexpected household expenses. HOAs set a budget annually for the twelve-month calendar year, but sometimes mid-year expenses arise or increase beyond what the budget anticipated. Be...

This week, I address reader questions on insurance in the planned development.

Thank you for submitting your questions. I appreciate your support of the column.

Who Insures What in the Planned Development? By Kelly G. Richardson, Esq. CCAL, HOA Homefront ColumnKelly: Can a Planned Unit Development purchase "Bare Walls" fire insurance for residences since the HOA does not own them? R.M., Vista

Hard to believe, but here is the 700th column since it was first published in 2005. I used the milestone to describe a dozen major challenges for HOAs in the present era. 🏡🏘

Thank you all for your support. I hope you all continue to enjoy and benefit from the column.

A Dozen of Long-Term HOA Challenges Dear Readers: This marks the 700th “HOA Homefront” column since it debuted in 2005. At this milestone, I would like to share with you twelve significant challenges for HOAs.

This week’s column addresses shenanigans by boards seeking to retain their power. Read more here: bit.ly/3QZBaQc

Stay tuned ... Next week, we’re celebrating our 700th article!

HOA Elections and Board Shenanigans Question: Our HOA board did not notify the membership that there were no nominations, then they secretly submitted their nominations on the day nominations closed. They voted themselves back in by acclamation. However this was not documented in any agenda nor any meeting minutes. Does this invalidat...

I hope you had a Happy Thanksgiving with family and friends last week. This weekend’s column addressed gratitude for our HOAs. I’m also grateful to assist you and your communities. Read more below ⬇️ ⬇️

Thankful for my HOA As an HOA member for many years, I pondered if my HOA should be one of the things I am grateful for this Thanksgiving. With all its limitations and problems, there are multiple aspects of my HOA that I appreciate.