August 28, 2011 |
Question: My small homeowner association is self-managed, and all board directors are homeowners and volunteers. There is no property management company. The board treasurer does all the association's bookkeeping and is audited by the other directors and a licensed certified public accountant yearly. As payment for the bookkeeping, the treasurer has been exempt from paying monthly association dues. These bookkeeping duties are not offered to any other homeowners. Is this legal and in compliance with the law?
July 3, 2011 |
Question: Our board keeps imposing assessment increases and owners can't afford it. Regular monthly assessments are raised indiscriminately. Owners have no say in these increases. When board members are questioned they say the association attorney told them they could raise the assessments whenever they want. Can they do this and what are owners' rights? Answer: Boards can increase assessments without a titleholder vote as long as they follow the law. Civil Code section 1366 provides for such increases.
June 12, 2011 |
Question: Five times this year I requested that the homeowners association board conduct a meeting, and each time I've been completely ignored. There has not been one association meeting this year even though the covenants, conditions and restrictions state that a meeting must be conducted at least once every three months. I sent a written request to the management company complaining that no meeting was held before a CC&R amendment vote was conducted. No response. I asked for the board's meeting minutes and was told no minutes exist.
April 10, 2011 |
Question: We live in an 18-unit condominium complex. Nobody wants to serve on the board nowadays because it is so much work. Can our homeowner association choose to compensate board of directors members for performing their duties? Answer: Common interest developments are predicated on the concept of self-management. Civil Code section 1351 says that the association is formed to manage the common interest development. Owners are to become the elected directors of the entity known as a homeowner association.
March 5, 2011 |
Adrine Andreasian was thrilled last August when a man identifying himself as a "location scout" for the NBC television series "Law & Order: Los Angeles" knocked on the door of her newly remodeled Mediterranean-style home in Los Feliz Estates and asked about using the house in an episode. The shoot would last three days, and the production company would pay the homeowner about $30,000. "We could have paid our mortgage down or used it toward our property taxes," said Andreasian, 46, who owns a manufacturing business in Glendale with her husband.
February 13, 2011 |
Thousands of homeowner associations and condominiums around the country just sidestepped a potentially costly problem: A federal agency this month backed off its controversial plan that would have made obtaining mortgages in their communities much more difficult, and would have dried up a key source of revenue that associations use to pay for improvements and property maintenance. A proposal in August by the Federal Housing Finance Agency would have in effect banned the covenanted transfer fees that many homeowner associations collect when houses or condos are resold.
February 13, 2011 |
Question: My homeowners association's letterhead states we are "a non-common interest 55-plus senior community. " I obtained all the documents pertinent to our development from the Department of Real Estate as well as the county planning department's zoning descriptions and requirements. These documents make it clear that maintenance of common areas and facilities are incumbent on the association, which has a right to lien lot owners in default on assessment payments. Documents state that each lot "shall have a common area consisting of a 20-foot minimum setback along all adjoining boundary streets and a 15-foot side and rear setback along all non-street boundaries of the development.
January 16, 2011 |
Question: I'm an owner and board director for my homeowners association of less than 25 units. For four years our association has been fighting ? to the tune of thousands of dollars per month in attorney fees ? over ongoing nonsense. Although it's wise to have association documents kept up to date, I didn't intend to spend four years of my life copying documents and meeting with lawyers. I believe that small associations like ours should be able to opt out of complying with California's Davis-Stirling Act. The legislature just seems to keep making these laws more complicated, time-consuming and expensive to comply with.
CALIFORNIA | LOCAL
January 14, 2011 |
Several weeks of debate over the fate of a grove of oaks and sycamores in the Arcadia highlands have left a community at odds, even after nearly 200 trees were bulldozed by Los Angeles County work crews. At least 179 coastal oaks and about 70 sycamores were uprooted and ground into wood chips on an 11-acre site just below Santa Anita Dam to make way for 500,000 cubic yards of sediment to be dredged from behind the structure. Three of four tree-sitters arrested after a 12-hour standoff Wednesday with Los Angeles County sheriff's deputies were released on their own recognizance Thursday after being charged with misdemeanor counts of trespassing and obstructing a police officer.
December 12, 2010 |
Question: I live in a town house with a tennis court. Children also live here and use the courts to run around in and underneath the nets, treating it as a playground. These children do not play tennis and they are not accompanied by adults. I complained to the board but was informed there is a new California law that prohibits discrimination against children. I am not discriminating against them, I just don't want damage done to the court or complex, whether caused by an adult or a child.