Blog

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 Jeffrey A. Beaumont and Kyle Meade

This article first appeared in our Communicator Magazine, Summer 2025 Edition.

California law under Civil Code Sections 4000 et seq. grants home‐ owners associations (HOAs) the ability to recover delinquent assessment payments through foreclosure. There are two types of foreclosure available: judicial and nonjudicial. Each has its own procedures, advantages, and disadvantages. This article outlines the requirements for handling both judicial and nonjudicial foreclosure, compares and contrasts their respective processes, and highlights factors for boards to consider when choosing a foreclosure type.

JUDICIAL FORECLOSURE PROCEDURE

Judicial foreclosure involves filing a lawsuit in superior court to obtain a court order authorizing foreclosure, and potentially to secure a personal money judgment against the property owner. To initiate this process, an HOA must first send a pre‐lien letter to the delinquent owner via certified mail. This letter out...

Caller: Help! We need an Assessment! It’s an EMERGENCY!

By Zer Iyer, Esq.

This article first appeared in our Communicator Magazine, Summer 2025 Edition.

Unexpected expenses. Unanticipated cost increases. Unforeseen repairs. Unprecedented rate increases. These are examples of all‐too‐common situations affecting homeowner associations in the state and the all‐too‐common response of most boards to levy an emergency assessment. An association needs money, doesn’t have the money and that board is pretty sure the membership won’t approve the assessment on their own, so an emergency assessment makes sense, right? I mean, what could go wrong? Actually, a lot could go wrong and in fact, a lot often does go wrong when boards decide to levy emergency assessments. The purpose of this article is to explain what an emergency assessment is, when it is appropriate to levy and, perhaps most importantly, how to approach an emergency assessment to minimize challenges by homeowners. 

First, a quick re...

By Erik Sundquist, RS

This article first appeared in our Communicator Magazine, Summer 2025 Edition.

IN THE WINTER of 1914, as explorer Ernest Shackleton and his crew faced the crushing ice of Antarctica aboard the Endurance, they didn’t rely on wishful thinking to survive. They relied on planning, preparation, and constant reevaluation of conditions. Though the ship was eventually lost, every crew member survived thanks to leadership that understood this truth: conditions may be beyond your control, but your response never is.

Today’s California HOAs are navigating a similarly hostile environment – not of ice and isolation, but of inflation, regulatory pressure, and risk exposure. Boards and community managers can’t stop insurance markets from tightening or buildings from aging. But they can lead with foresight, and they can pre‐ pare. In this landscape, the updated reserve study is their map, compass, and survival kit all in one.

Let’s examine four urgent issues facing California H...

By Anuj Gupta

This article first appeared in our Communicator Magazine, Summer 2025 Edition.

If you’ve been on an HOA board long enough, you know that financial conversations usually revolve around the obvious – roof replacement, paving schedules, insurance premiums, maybe even lawsuits. But there’s one line item that shows up on every budget, year after year, and yet doesn’t always get the long‐term thought it deserves: landscaping.

Most communities treat landscape maintenance as an operational expense, a necessary part of keeping things neat. What often gets missed is that land‐ scaping is actually tied to some of the biggest financial decisions your association will face – whether it’s planning for reserves, avoiding special assessments, managing liability, or keeping property values high. I’ve worked with enough HOAs over the last 10 years to see that the communities who take a long‐term, strategic view of their landscaping avoid headaches. The ones who don’t? They’re usually the ...

By Terri Guest

This article first appeared in The Communicator Magazine, Spring 2025.

It seems the new trigger word in the common interest development industry is “Zinsco.” Electrical panels and breakers manufactured by this company, as well as several others, have been deemed unsafe by Underwriters Laboratories (UL) as they have the potential to overheat and cause fires. Thus, several insurance carriers have drawn a hard line when it comes to these items, and communities with certain com- ponents will have a difficult, if not impossible, time finding insurance coverage.

Zinsco panels, also sometimes branded as GTE-Sylvania, were installed in the 1960s and 70s and their circuit breakers have been known to melt into the main bus bar, which can start a fire. Federal Pacific panels and Stab-Lok breakers have similar issues and can fail to trip when overloaded. Originally used in the 1950s, Federal Pacific panels and breakers have been used as recently as the early 1990s. Other electri...

Legal Responsibilities and Liabilities. This article first appeared in The Communicator Magazine, Winter 2025 Issue.

By Holly Lull

WHETHER YOU LIVE in a quiet suburban neighborhood, condo, coop, master, sub, or other type of planned community association, you likely have a board of well-intentioned volunteers dedicated to maintaining the charm and harmony of their shared slice of home. However, when what seems like a minor decision about a violation or property boundary ends up leading to a lawsuit, it becomes clear that the board has unknowingly overstepped their legal authority.

This scenario is not uncommon. Across the country, community association boards face significant legal challenges, often stemming from misunderstandings or misapplications of the law or their responsibilities. These legal missteps can lead to costly consequences for both the board members and the communities they serve, highlighting the critical importance of understanding the legal responsibilities and po...