Blog

By Randy Newma
This article first appeared in our Communicator Magazine, Winter 2026 Issue.

If your association has ever had to foreclose on a home for unpaid assessments, you probably know how stressful and complicated the process can be. A recent California Court of Appeal decision, Bird Rock Home Mortgage, LLC v. Breaking Ground, LP (2025) D084138 (filed September 16, 2025) makes it clear that foreclosure sales may take longer to finalize than many expected.

WHAT HAPPENED

The Oceanside Community Association foreclosed on a property after the owners stopped paying their assessments. At the foreclosure sale, a bidder, Bird Rock Home Mortgage, offered $60,000 and thought they had won as the successful bidder at the foreclosure sale. Wisely, instead of handing over the deed, the trustee kept the sale "open" for the mandatory holding period under the recent California law, Civil Code § 2924m. During that time, a qualified nonprofit called Breaking Ground stepped in and submitted a bid ...

By Ashley Vos

This article first appeared in our Communicator Magazine, Winter 2026 Issue.

What does being a good neighbor look like in a world where your primary connection to the community is on an app, not a shared driveway conversation? It’s a real question for community associations today. Connections used to be created face-to-face, communication happened through a phone call or a let- ter, and meetings always took place in person. Now, the modern world runs at a relentless pace, and residents expect information instantly. Additionally, man- agers are struggling with larger work- loads and tighter deadlines. Because of this, digital platforms, automation, and online portals have become essential to managing an HOA.  

Yet, with all of this progress, how do we keep technology from becoming a barrier to connection?  

To build a strong association, we have to recognize that while tech cannot replace personal relationships, it can be used to enhance them! When used intentionally, ...

By Bradley Epstein, Esq, Ed Snow, Robert Smith, & Richard Seim

This article first appeared in our Communicator Magazine, Winter 2026 Issue.

WHAT HAPPENS IN A TYPICAL ELECTION?

The board wonders why they have to think about an election again, since it’s only been five months since the last one. They wrestle with the usual choices (Election date? Acclamation? Hire the inspector now or wait? How to get members to participate?) They begin charming, shaming or strong-arming the members to volunteer, to nominate, to update their records, to show up and help stuff envelopes for the call for nominations ... and the reminder ... and the pre-ballot notice ... and the ballot ... and another reminder. At some point, the volunteers realize that paper elections consist largely of putting envelopes inside other envelopes, and then taking them out, and also that their bargaining position allows them to insist on pizza while they work. The election meeting arrives, either with or without a quorum o...

By Melissa Bauman Ward, Esq., CCAL

This article first appeared in our Communicator Magazine, Winter 2026 Issue.

In 2025, despite vigorous advocacy, we did not get any of our proposed legislation sponsored. Perhaps it wasn’t our day, week, month, or even our year. We did have some legislative successes in terms of educating legislators with regard to our priorities for our HOA communities, as well as defeating some particularly bad bills and encouraging amendment of several other bills so that they were less damaging to our community stakeholders.

2025 brought us a mid-year surprise – and not a good one – in the form of AB 130, the fine cap bill, but fortunately, the rest of the year was relatively mild from a legislative standpoint. In addition to limiting fines, bills were enacted which clarified disclosures to prospective purchasers regarding balcony repair projects (SB 410), dealt with EVCS insurance (SB 770), changed requirements for JADUs (AB 1154), protected owners whose homes...

By Kevin Holloway

When community members think of emergencies, they typically picture a natural disaster, inclement weather, or a structural failure. Yet, in today’s digital world, there’s another growing threat that often goes unnoticed: cybercrime. While this threat is much quieter than the physical disasters we may encounter, this emergency is just as dangerous and growing fast!

Throughout the years, cybercrime has often been considered a problem for big businesses, but the reality is that more and more community associations are finding themselves facing this crisis. Why? Homeowners’ associations manage highly sensitive resident information, vendor accounts, and large reserve funds. That’s exactly the kind of data cybercriminals are after! And, the repercussions of a successful attack can be catastrophic! It can lead to an erosion of trust from residents, legal ramifications, operational disruptions, and significant financial losses.

Knowing how and why these attacks happen is t...

This article first appeared in the Communicator, Fall 2025 Edition. To view click here.

When catastrophe strikes in the form of sewer backups, roof leaks, and pipe breaks, it is often unclear what to do. Then, once the initial emergency is handled, the larger question of who is responsible to pay for the repairs must be addressed.

SEWER BACKUPS

Worse than a simple pipe leak, a sewer backup can become a hazmat situation. The initial response to such an emergency is: (1) immediately fix the leak (or clog), and (2) notify insurance of the loss. As part of the initial repair, be sure to have the plumber or repair person document what is causing the backup and, most importantly, where the blockage is located. Photos and drawings of locations are key because responsibility for repair of sewer backups is typically determined by location. The board has a fiduciary obligation to investigate the cause of the damage, so it is essential to engage a plumbe...

By Donna Vingo

This article first appeared in the Communicator, Fall 2025 Edition. To view click here.

There is an ongoing information and insurance crisis in California. Homeowners’ associations are having their insurance premiums increased, sometimes drastically, or their insurance is cancelled. Without association insurance, a would-be homebuyer new to the association cannot obtain a mortgage for a unit within the HOA, thus limiting his or her ability to purchase at this association.

The largest number of insurance claims are due to water intrusion, with the roof being the main area of entry. Prior to a new policy being accepted and bound, insurance underwriters now require five to 10 years of maintenance records and no deferred maintenance/capital projects.

HOA roof maintenance and roof replacement, especially on an emergency basis, is one of the costliest decisions an HOA board makes. The lack of roofing information is one of the main reasons why boards don’t make the decisio...

A case study illustrating that SB326 is a safety law that saves lives.

By Chris Sigler, B.S.C.E., C.D.T.

This article first appeared in the Communicator, Fall 2025 Edition. To view click here.

With an inception date of late 2019, and a formal title of California Civil Code 5551, Senate Bill 326, or more simply "SB326," much debate has swirled around this law. Thankfully, a great many of our associations throughout the state have engaged the appropriate engineering or architectural professionals to perform inspections of their Exterior Elevated Elements ("EEEs") as is required by the law.

The most common complaint that seems to arise about this law involves the additional expense that it creates for our associations, similar to many other laws that our state legislature has passed. There has also been discussion and controversy regarding conflicts of interest, unnecessary work being created by contractors performing inspections, and other criticisms and pushbacks. Despite the vario...

By Amy Tinetti, Esq. & Matt Meadors, CMCA, AMS, PCAM

This article first appeared in the Communicator, Fall 2025 Edition. To view click here.

On July 1, 2025, the latest bad law to impact community associations in California was thrust upon us. Assembly Bill (AB) 130, which modified Civil Code sections 5850 and 5855, is arguably one of the most negatively impactful law changes this industry has experienced in decades. It creates some impossible challenges for community associations and leaves associations, their boards of directors, and those who work with associations with more questions than answers.

Even the enactment of AB 130 was unique because the bill did not go through the normal legislative process. CAI’s California Legislative Action Committee ("CLAC") was actively working with Senator Wahab (D-Senate District 10), who initially introduced the language in a standalone bill. However, the language amending Section 5850 and 5855 was added to AB 130 (a massive bill adopted as ...