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Real Estate Laws

Special assessments don’t feel special to HOA property owners

Two words that HOA owners despise: Special Assessments. Regardless of the improvement that is being made to the property or the emergency maintenance situation, all the owner hears is the cash register ringing. Special assessments are a necessary part of the HOA owner process but should be handled appropriately, and only really issued when deemed absolutely necessary. Below are a few guidelines to helping mitigate special assessments or avoid them in …Read More

AirBnB – Love it or Leave it? Regardless, vacation home rentals should be left to management companies

Having a family of my own, I know the joys and hassle that sometimes occur on relaxing family vacations. Cramped quarters with three kids can be frustrating in a hotel…and that is how AirBnB arose. AirBnB is a vacation home rental service without the big hotel reservation system. People from all over the world can submit their own homes to be rented by others when traveling in that city…direct with …Read More

Additional units approved by Glendora City Council

The City Council at its Tuesday meeting approved a 24-unit addition to the previously approved Avalon Bay development on Route 66. The 280-unit project at 121 E. Route 66 is adding two three-story garden-style apartment buildings with 24 private garages and 14 surface parking spots at 221 E. Route 66. The addition also adds another driveway for residents to access the project from Route 66. The mixed-use project, which was …Read More

Large Versus Small Associations

DAVISSTIRLING.COM NEWSLETTER LARGE VERSUS SMALL ASSOCIATIONS QUESTION: I am a board member for an 8-unit association. Perhaps you can help me with some questions: (1) Do smaller associations have fewer disputes or legal problems? (2) Is governance different from that of a large association? ANSWER: There are distinct differences between large and small associations. When it comes to disputes, large associations have more of them but small associations experience greater …Read More

Collecting Delinquent Assessments

What is your associations policy on collecting delinquent assessments? This is something that should be reviewed yearly on all HOA boards. As we all now, collecting debts that are years in arrears are extremely difficult to get. The longer you wait to start collection, the harder it will be to get the money. What action can you take in these circumstances? There are different statutes of limitations when it comes …Read More

Dogs and Cats Allowed

Although there is some disagreement on this issue, it appears that associations can no longer prohibit owners from having a pet. As provided for in Civil Code §1360.5, associations are allowed at least one “pet,” which is defined to mean any domesticated bird, cat, dog, or aquatic animal kept within an aquarium. Governing Documents. If an association’s governing documents allow members to have two or more pets, the Davis-Stirling Act …Read More

Drunk board members need not attend

As much entertainment as an inebriated board member may bring to an HOA meeting, it is probably best that they sit this one out. You’re asking why I would write a blog on this topic aren’t you? Admittingly, it is more common than you think. Part of a board members fiduciary responsibility includes making informed and reasonable decisions that impact many people in an HOA – clearly, someone who is …Read More

Medical Marijuana…tenants and HOA’s rights on a very controversial subject

There are usually strict guidelines on marijuana usage in HOA’s, or any drug use for that matter. However, how should an HOA handle a tenant that is using medical marijuana as a pain reliever? One recent case in Arizona went to court when the tenant sued the HOA stating that since the drug was now legal in the state, and he had chronic pain, he was justified in its use. …Read More

The Davis-Stirling Common Interest Development Act

The Davis-Stirling Common Interest Development Act is the popular name of the portion of the California Civil Code beginning with section 1350, which governs condominium, cooperative, and planned unit development communities in California. On January 1, 2014, the Common Interest Development Act made some changes that could impact how your HOA operates; some of the substantial changes are below. Common use area may be granted exclusivity to a member to …Read More