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Navigating Legal Paths And Complexities
Homeowners' Associations and other social welfare organization exempt under IRS section 501(c)(4) are subject new regulations. As part of section 405 of the "Protecting Americans from Tax Hikes Act of 2015", enacted December 18, 2015, certain provisions...
The Davis-Stirling Common Interest Development Act was amended by Assembly Bill 596 which modifies Civil Code Section 5300. Effective July 1, 2016, as part of the Homeowners Association's (HOA) Annual Budget Report required to be delivered to the owners within...
With the passage of Assembly Bill 349, Homeowners Associations' (HOA) Board of Directors and their management companies or attorneys should review the Community's architectural and landscaping requirements or rules and regulations relating to permissible and...
If you would like to rent out your condominium unit on short-term vacation rental websites like Airbnb or Craigslist - be careful! Property owners often do not consider the rules and regulations of their Homeowners Association ("HOA") before doing so. As one San Diego...
Which HOA document controls whether or not a unit can be rented? The CC&Rs are deed restrictions on all of the properties. As such, as to what you can and cannot do on, in or around the property is controlled by the CC&Rs. The HOA is permitted to pass Rules,...
Generally, if there is a conflict between statutory law and a provisions in an HOA document, the statutory provisions will control - that means the provisions in your documents which conflict with the statutory provisions are void. Effective January 1, 2014 the...
In the Huntington Townhouse Association, Inc. vs. The J.M. Trust (2014 WL 17300) the Appellate Division of the Orange County Superior Court in a case involving foreclosure of an assessment line, found that the HOA must accept partial payments of the HOA Dues and...