Blog

By Terri Guest, CIRMS, CMCA

It is no secret that the insurance industry, especially for common interest developments in California, is in crisis. After several years of wildfires and other natural disasters, carriers are not only charging higher premiums, but also revising eligibility requirements and giving greater scrutiny to insurance applications.

In previous years, questions regarding infrastructure items, such as electrical wiring, plumbing, and HVAC, have been answered by the board with homeowner responsibility, effectively calling out "not it!" to insurance underwriters. This answer is no longer accepted.

With respect to condominiums and townhomes, while electrical wiring, plumbing, and HVAC that serve a single unit are generally the maintenance responsibility of each individual owner, it is almost always included in the insurance responsibility for the association. While less common, the same can be true for roofs and exterior siding. Unit owners maintain, repair, and...

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...

Not anymore. New law gives property owners the right to build second homes on their properties.
By Lisa Esposito

To Increase Affordable housing in California, Governor Newsom signed legislation that encourages homeowners to convert their garages into living spaces and build small dwelling units in their backyards as low-income rentals. On January 1, 2020, new laws went into effect voiding restrictions in planned developments that would prevent the construction of granny flats and the conversion of garages into rental units.

From the Homeowner's Perspective, California's New Laws: 

• make available an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking or elevators
• can provide a source of income for homeowners
• allow extended families to be near one another while maintaining privacy
• can provide as much living space as many condominiums; and they’re well-suited for couples,...

By Melissa Bauman Ward, Esq. 

WHEN IS A common area disturbance more than a passing nuisance? When a person who is mentally ill engages in harassing behavior toward others, thus elevating a simple argument into a fair housing claim. As with any situation where competing rights are involved, managing these situations requires a detailed analysis of what rights and obligations are in play and the best way to respond to the various needs while protecting the association from liability.

IS MENTAL ILLNESS A DISABILITY THAT REQUIRES REASONABLE ACCOMMODATION?

As a "housing provider" under fair housing laws, an HOA must provide reasonable accommodations to disabled persons. A mental illness or impairment constitutes a disability if the condition "substantially limits one or more major life activities (e.g., caring for oneself, speaking, learning, working); or the person has a record of such an impairment; or the person is regarded as having such an impairment.¹ For our...

By Nick Berg, CMCA, AMS, PCAM 

In the Fall 2020 issue of the Communicator, we discuss housing in 2020. Despite softening rental and housing prices due to the pandemic, the Bay Area remains one of the most desirable and unaffordable housing markets in the country.

Faced with housing unaffordability, some families have built granny or in-law units, also known as accessory dwelling units (ADUs), on their property. ADUs can increase density and further burden HOA amenities such as pools, clubrooms and parking. Nevertheless, Governor Newsom, citing the need to increase affordable housing in California, recently signed legislation that voids most HOA restrictions preventing the creation of ADUs.

Many community associations have recreational amenities such as clubrooms, swimming pools and roof decks. We review some of the laws that apply to these amenities. We will also share some best practices for setting rules and polices regarding their operation, as well as enforcement...