Blog

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 ...

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...

By Sandra L. Gottlieb, Esq., CCAL and Meigan Everett, PCAM

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

MANY ASSOCIATIONS ADOPT architectural guidelines when the community is formed and don’t look back. Some boards keep the guidelines forever stuck in time. Even though the community evolves and changes and becomes its own unique place, the guidelines are often forgotten, ignored, or things are done the way they always have been done. But architectural guidelines can evolve with the community’s needs and change to comply with new laws and the more mature look of the association.

Provided that the association’s CC&Rs give the board authority to adopt architectural guidelines, also known as rules and regulations, the board should review them every few years to ensure that they meet the community association’s needs.

THE PROCESS

California Civil Code § 4355 requires that architectural rules be adopted pursuant to §4360 and §4365. Section 4360 requires t...

By Beth Gilbert

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

ARCHITECTURAL REVIEW REQUESTS mean a lot to your homeowners. They take pride in their homes, and find making modifications – like an addition, pool, or garden shed – to improve their property exciting. If you hold up the review process with clunky, manual paper processes and back-and-forth phone calls, it not only takes longer for them to achieve their dream, but leads to overall customer dissatisfaction. All of this can be eliminated by following a couple of key steps. Here are some of the ways you can set up your architectural review process for success.

CREATE ARCHITECTURAL REVIEW GUIDELINES

It’s easier and faster to make a decision when you have all of the information you need. Make it simple for homeowners to submit their requests by providing a set of association architectural guidelines and rules for them to follow. This not only ensures consistency, but also prevents homeowners from...

By William P. McMahon and Jeff Evans

This article first appeared in The Communicator, Spring 2021. To read more, click here.  

Amenities for any community are important as they define a community’s purpose, its mission and what residents it is attempting to attract. If a community is trying to appeal to families, seniors, etc., it will offer a variety of amenities, such as dining, recreation, health care access, social programs, etc. For most communities, maintaining and continually updating facilities and programs is a never-ending challenge.

The original developer of a community will freely invest in amenities that will attract first-time homeowners. And, the marketplace demands highend amenities to be successful. The trouble is that in 10 or 20 years these amenities deteriorate and consequently depreciate. Few residents get excited about spending money on worn out amenities. So the value of properties begins to decline as the amenities themselves age and decline. This is the time...

Tackling the uncertainties: best practices for bidding, budgeting, and contracting in HOA projects.

By Regan Brown and Chris Sigler, B.S.C.E., CDT

This article first appeared in The Communicator, Spring 2021. To read more, click here.  

Over the past four years, skyrocketing construction costs have created various forms of havoc throughout the construction industry, to the surprise of many HOAs in need of project work. The increases have taken on various forms. In 2017-18, a strong economy and a demand for housing fueled a labor shortage, showing an overall increase of almost 30 percent in construction costs nationwide; in 2019, political tariffs and multiple natural disasters fueled the next wave of increases, this time affecting material costs.

The Pandemic’s Impact On Cost Increases

2020, the year that will go down in history for the global pandemic, brought several new factors creating price changes that we had not experienced before. When the shelter in place orders started i...

By Ritchie Lipson, Esq. and Scott Thomson, Esq

This article first appeared in The Communicator, Spring 2021. To read more, click here.  

Effective communication within a homeowners association is always important. Once an association brings a construction defect action against the builder, communication and cooperation among the board, community association manager, and the construction defect attorney become essential. However, with the outbreak of COVID-19, communication and cooperation regarding construction defects will most likely remain permanently changed.

A construction defect action by a homeowners’ association usually begins with a Notice of Commencement of Legal Proceedings under the Calderon Act (Civil Code § 6000 et seq.), which concurrently meets the need for a Notice of the Claim pursuant to SB800. However, before the attorney may prepare such notice, he or she must investigate the defects in the community and discuss the identified defects with the board and the comm...

Dealing with homeowner anxiety and complaints about neighbors or the association.

By Sandra L. Gottlieb, Esq., CCAL

This article first appeared in The Communicator, Spring 2021. To read more, click here.  

Karens became famous in 2020. If you don’t know what a Karen is, it’s a special breed of entitled person. Karen hates everything and everyone, including your dog, trees, the association, and association assessments. She’s a stickler for rules, but they don’t apply to her. A meme was going around social media recently stating that a group of Karens is called a homeowners association. We who work in the industry know that there are some power-hungry, rules-obsessed, self-dealing board members out there, but those of us who participate in CAI aren’t among them; we value education and look to strengthen community.

We don’t want managers and board members to be seen as Karens; you all work too hard for your correct labels. Remember that proactive communication can reduce homeowner anx...