Blog

By Nathan McGuire, Esq.

The Court of Appeals for the Fourth Appellate District recently handed down a landmark decision impacting HOA governance. In LNSU #1 v. Alta Del Mar Coastal Collection Community Association, the court delves into the issue of e-mail communications between board members. For better or worse, the court essentially eviscerates the transparency component of the Open Meeting Act (located in the California Civil Code as part of the Davis-Stirling Act), allowing boards to communicate and deliberate by e-mail outside of a noticed and agendized meeting. And while not directly addressed in the court’s ruling, the court arguably opens the door for boards to deliberate using electronic forms of communication other than just e-mails. As boards and professionals within the HOA industry grapple with the implications of this ruling, there is a growing discourse about potential legislative changes and concerns regarding this perceived loophole.

The crux...

California’s New Composting Law

By Aaron A. Hayes, Esq.

This article first appeared in our Fall 2022 Communicator Magazine.

Green compost bins will soon join California’s familiar blue recycle bins along our curbs as the latest trend in waste management. While already familiar in some areas, Senate Bill ("S.B.") 1383 extends mandatory organic waste composting statewide as part of California’s comprehensive Short-Lived Climate Pollutants strategy.

S.B. 1383’s stated goal is to substantially reduce organic waste in landfills by requiring cities and towns to collect compostable waste separately from other refuse, then divert it to approved organic processing facilities. Although S.B. 1383 became effective January 1, 2022, local jurisdictions have until January 2024 to become fully compliant.

SIGNIFICANCE OF SB 1383 FOR COMMUNITY ASSOCIATIONS

Planned Developments

Planned developments consisting of single-family homes will likely see little...