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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...
By
, CMCA, AMS, PCAMThe Fall 2021 Issue of The Communicator focuses on architectural modifications and owners’ protected uses. Residents are drawn to common interest development living for many reasons. Among those reasons are the covenants, conditions, and restrictions that, in part, are designed to deliver a uniform and visually appealing community experience. However, layered over this, and sometimes in direct conflict with the association’s general plan as articulated through its governing documents, is a continually evolving stream of legislation that affords residents certain protections regardless of what the governing documents indicate. Over the years we have seen these protections applied to satellite dish installations, solar systems, flags and banners, vehicle charging stations and ADU/JDU units, to name just a few. To co-exist, associations must understand these protections and craft their rules and regulations, policies and...