Blog

By Sydney DeMarco and Rachel Selwan, CED

Business development within the common interest development industry has always been an interesting study in both human relationships and the thin line between friendship and work. Most of our members who have the title of business developer or client services are actively marketing for their companies. They are associated with whatever services their companies offer, while at the same time, they are somehow their own separate entities. Typical marketing representatives aren’t just selling their companies to buyers, they’re selling themselves (not in a derogatory way, although some have blurred the line into a morally gray area), who they are, what their companies do and, by extension, the resources their companies have to offer to help make their clients lives easier.

Marketing has largely consisted of inviting clients to a wide range of fun events, whether it be out for a meal or coffee, or to sporting events or concerts. Office visits an...

By Andrea O’Toole, Rachel Miller, Tim Stauffer and Mary Prados Peterson

By now, most have seen the awful images of the collapsed Champlain Towers which resulted in nearly 100 deaths, countless injuries, property damage and unanswered questions about how this could have happened. While not every case of deferred maintenance has such catastrophic results, the Bay Area is not without its own examples. Six people died following a 2015 balcony collapse in Berkeley. That tragedy resulted in legislation affecting apartment buildings and, subsequently, condominium buildings. The protection of human life and avoidance of injury should be primary goals in determining why, when, and how community associations undertake maintenance, repair, and replacement. At the same time, protection of the property, and the association members’ significant investment in it, is also a key objective.

The authors of this article – a structural engineer, a community association project manager, a construction def...

By Becky Jolly, CCAM & Jasmine Hale, Esq., CCAL

All too often, when managers, counsel, and experts warn boards and their communities that the failure to maintain their association’s infrastructure can result in liability and create safety hazards, the calls for action fall on deaf ears. Sometimes those deaf ears lead to recalls when the board is attempting to do the right thing and move forward with lasting repairs to the failed infrastructure. Doing what is right sometimes means making the unpopular and hard decisions.

So, what should the board do when the siding has failed, balconies are about to fall off, or the association is underfunded in their reserves and cannot realistically pay for its upcoming SB 326 inspections? Oftentimes, there is no way these projects can wait when life potentially hangs in the balance. Here we will try to answer these questions by focusing on the legal issues and strategies for assisting communities in successfully navigating the process to implement ...

By Stephen T. Brindle, Esq.

This article first appeared in the Winter 2022 Issue of The Communicator here.

RENTAL RESTRICTIONS

Brown v. Montage at Mission Hills, Inc.

Background: Brown bought a condominium unit to use as a vacation rental. At the time of the purchase, the association’s governing documents did not contain any restrictions regarding shortterm rentals. Sixteen years after Brown purchased the unit, the association amended its governing documents to include a 30-day minimum rental period restriction. After the association told Brown that it intended to enforce the restriction against her unless she stopped use of her unit for short-term rentals, Brown sued the association, claiming that the restriction did not apply to her because she purchased the unit prior to the effective date of the amendment. In its defense, the association claimed that the restriction was in fact a regulation, not a restriction, and also that shortterm rentals violated the commercial use prohibit...

By Nathan R. McGuire, Esq.

This article first appeared in the Winter 2022 Issue of The Communicator here.

On balance, the industry fared well in this last legislative session. The prior two years in a row, we faced some of the most historically significant bills since the Davis-Stirling Act came into effect in 1986. And we’re still dealing with those bills (think SB 323, AB 670, AB 3182). That’s saying a lot considering the Davis-Stirling Act has been perpetually amended year after year. Overall, the legislature continued to focus on COVID-19, economic recovery, and housing affordability issues. But the legislature was also able to fit in bills on other topics, including many which will have a lasting impact on community associations.

CAI’s California Legislative Action Committee monitored more than 50 bills and engaged on at least 10 of them. We had an outstanding year as we continued to pivot and take advantage of virtual legislative opportunities and we had a higher level of gras...

By Vivian X. Tran, Esq.

This article first appeared in the Fall 2021 Issue of The Communicator here.

Since the pandemic, followers of the real estate market will notice that the housing market is booming. There are not as many sellers as there are buyers, so the competition is through the roof. Many potential buyers are looking to buy their next homes within an HOA. In the Bay Area, even though many homebuyers waive all contingencies – against my advice as both an attorney and real estate agent – there are still a few conducting investigations (especially for townhomes or condos). Corresponding to the increase of competition to buy homes is an exponential increase in the number of questions from real estate agents and mortgage/escrow companies that are directed toward an HOA and its agents. What should the board of directors and the HOA’s manager be aware of? What should they do in certain situations?

The first thing to understand is that the HOA has no legal obligation to make disc...

By Marc Bellaud, Aquatic Biologist SOLitude Lake Management

This article first appeared in the Fall 2021 Issue of The Communicator here.

We have all heard the adages about being proactive: "The early bird gets the worm" and "Don’t put off until tomorrow what you can do today." These principles apply to nearly every facet of life, whether it’s our job performance, health care, financial planning, or in this case, lake and pond management. It’s no secret that taking care of our environment is important, but it goes beyond that. Science suggests that the preservation of our water resources is a key factor in our health and happiness; memorable experiences and time spent around the water lead to a greater sense of peace and connection to the world around us.

Much like the human body, when a lake or pond is ‘young,’ it typically requires less effort and funds to keep it healthy and functional. But a lifetime of neglect can lead to premature aging and serious imbalances. Without ongoing m...

Can associations restrict the free speech of owners in their own front yards?

By Sarah A. Kyriakedes, Esq. 

This article first appeared in the Fall 2021 Issue of The Communicator here.

For individuals residing in common interest developments, the constitutional right to free speech is not applicable. While many believe that they have a right to freely express themselves by posting signs, banners, flags, and religious symbols on their own properties, they may be surprised to learn that their homeowners and condominium associations are not bound by the free speech clauses contained within the federal and state constitutions. Though, in California, this does not mean that residents automatically lose their free speech rights when they move into their associations, because the Davis-Stirling Act safeguards many of the same rights that are enjoyed by citizens residing outside of common interest developments.

CONSTITUTIONAL RIGHTS TO FREE SPEECH

Both the state and federal constitutions ...

Hard Surface Flooring Sound Transmission Issues

By Ellen R. Schuster, Esq.

This article first appeared in the Fall 2021 Issue of The Communicator here.

Complaints about noise from an upstairs neighbor’s hard surface flooring - and the expectations that the association will handle it – are on the rise. This increase is due to aging buildings, hard surface flooring trends, and more people at home during the day hearing noises they wouldn’t have heard while otherwise at work.

Boards have a duty to investigate reports of violations of the governing documents. Hard surface flooring noise disputes may implicate such violations in several ways, including restrictions on the installation of hard surface flooring without prior association approval, installations that increase noise transmission from what existed prior to the installation, and nuisances. Without investigation, and potentially taking enforcement steps, associations may be at an increased risk of a lawsuit for failure to enfor...

By Alexandria Pollock, PCAM, CCAM-HR

This article first appeared in the Fall 2021 Issue of The Communicator here.

I HEARD THE news story from the OC Register a few months ago: a Tustin woman is embroiled in a battle with her homeowners association over garage doors she installed without seeking architectural approval. Her defense? According to the homeowner, she’s made other alterations to the exterior of her home over the years without hearing from the association.

Another story that made the Wall Street Journal in March of 2019 details numerous citations over the course of several years to a Kansas resident from his HOA. The citations started with a misplaced satellite dish and included a statue in a flower bed and a decorative wall around another plant bed. These improvements were made without architectural approval and in violation of the association’s guidelines, according to the HOA. However, the owner believed he received approval. The ongoing legal battle over the decorative...