This article is reprinted from CAI-GLAC’s Focus May-June 2020 Issue May is Mental Health Awareness Month, and it is impossible to ignore the additional impact on our communities from the COVID-19 Pandemic. Under normal circumstances, we are impacted by the steady rise in occupancy rates in multi-unit residential communities. The challenges of individuals living in relatively close proximity to one another under rules enforced by lay leaders has its stress points that require each of us to develop a higher level of tolerance and a degree of civility. But the physical, mental, emotional and ..read more

Assembly Member Ting from San Francisco authored Assembly Bill 3182. After multiple rounds of amendments, it was approved on September 1, 2020 by the California State Legislature and awaits the Governor’s signature before becoming law on January 1, 2021. The bill was promoted as a solution to help California’s growing housing shortage, but it is certain to create several problems for HOAs. AB 3182 will outlaw rental bans in HOAs. It creates a new Civil Code Section 4741 which voids rental limits below 25% of the members. Therefore, any governing documents with rental caps of less than 25%, wil ..read more

Your County is Off the COVID-19 Monitoring List…But Don’t Open the HOA Gym Just Yet! August 19, 2020 by Steven J. Tinnelly, Esq. California homeowners associations started reopening community gyms when the State of California began easing restrictions imposed by the initial COVID-19 stay-home orders from March 2020 according to stages of a reopening roadmap. Thereafter, COVID-19 cases across the state began to spike, causing the state to issue renewed restrictions as set forth in the July 13, 2020 Statewide Public Health Officer Order (“Order”). These renewed restrictions forced ..read more

By Matthew A. Gardner, Esq. Of Richardson Ober Denichilo  The current pandemic is presenting similar warning signs that many community associations experienced during the housing crisis in 2007. With the ‘Stay at Home’ order in place to slow the spread of the virus, we recognize that people who cannot work have to start making hard decisions. As it relates to community funding through assessments, people will prioritize where their money is going and which bills to pay. A recent report from a financial services company focusing on real estate and mortgages confirmed what many had already ..read more

Optimum finds it very important to stay up to date with current legislation that directly impacts community associations in California.  The following legislation has been signed and approved by former Governor Jerry Brown and took effect on January 1, 2019 unless otherwise stated: AB 2912 (Irwin) Association Finances Civil Code§§ 5380, 5500, 5501, 5502 and 5806 New Civil Code Section 5380 establishes protections of association finances such that, upon written request by the board of directors, the association’s managing agent must deposit association funds into an interest-bearing accoun ..read more

SB 407 (Wieckowski) Noncommercial Solicitation. Civil Code §4515 By Jeffrey Beaumont, Esq., CCAL, Beaumont Tashjian Existing law requires associations to provide equal access to common areas for candidates and members for the purpose of advocating a point of view during an election. New Civil Code Section 4515 provides that any governing document provision is void and unenforceable if it prohibits or unreasonably restricts members and residents from using common area to peacefully assemble and communicate with other members, relating to common interest development living (i.e., elections, legi ..read more

By Denise D. Iger of Iger Wankel Bonkowski, LLP Today Governor Brown signed an executive order declaring that effective immediately the “Drought State of Emergency” is terminated in all of California counties, except Fresno, Tulare, Kings and Tuolumne. The executive order also had the effect of rescinding a previous emergency proclamation and four executive orders regarding the drought. And, the newest executive order affirmed one previous executive order regarding t…he drought. So what does it all mean? Some of the additions to the Civil Code over the last few years were contingent on a decla ..read more

This article is reprinted from CAI-GLAC’s Focus May-June 2020 Issue Addressing Mental Illness In Our Community Associations May is Mental Health Awareness Month, and it is impossible to ignore the additional impact on our communities from the COVID-19 Pandemic. Under normal circumstances, we are impacted by the steady rise in occupancy rates in multi-unit residential communities. The challenges of individuals living in relatively close proximity to one another under rules enforced by lay leaders has its stress points that require each of us to develop a higher level of tolerance and ..read more

by Kelly G. Richardson, Esq. CCAL | Sep 8, 2020 | Community Association Articles, Legislative Updates Assembly Member Ting from San Francisco authored Assembly Bill 3182. After multiple rounds of amendments, it was approved on September 1, 2020 by the California State Legislature and awaits the Governor’s signature before becoming law on January 1, 2021. The bill was promoted as a solution to help California’s growing housing shortage, but it is certain to create several problems for HOAs. AB 3182 will outlaw rental bans in HOAs. It creates a new Civil Code Sectio ..read more

Your County is Off the COVID-19 Monitoring List…But Don’t Open the HOA Gym Just Yet! August 19, 2020|by Steven J. Tinnelly, Esq. California homeowners associations started reopening community gyms when the State of California began easing restrictions imposed by the initial COVID-19 stay-home orders from March 2020 according to stages of a reopening roadmap. Thereafter, COVID-19 cases across the state began to spike, causing the state to issue renewed restrictions as set forth in the July 13, 2020 Statewide Public Health Officer Order (“Order”). These renewed restrictions for ..read more