Articles

Reader Questions - Which Law do we Follow? Dec 05, 2016

Ms. Richardson,

Recently we have had issues with projects and proposed projects that involve city regulations versus CC&R restrictions. Our board seems to think that...

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Reader Questions - Reservations Regarding Reserve Funds Nov 21, 2016

Mr. Richardson,

Is there a formula to help determine what is a reasonable amount to hold in reserves for a homeowners association?’

J.L., Los Angeles

Dear J.L.,

...

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No Kangaroo Courts Allowed: Disciplinary Hearings Nov 14, 2016

If everyone followed the Golden Rule (“do unto others…”), association disciplinary hearings would be rare. Unfortunately, hearing are a necessary,...

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Reader Questions - Can Boards Pass Any Rule They Want? Nov 07, 2016

Hi Kelly,

I’m confused between rules and CC&R’s. Our board, over the years, has implemented new rules. How is this different than making changes to the...

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Reader Questions - Who Prepares Delinquency Policy, and Who Votes On Special Assessment? Oct 31, 2016

Attorney Richardson,

We were recently informed by our management company that under the Davis-Stirling Act, we now need to have a collection policy in place. We also...

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Reader Questions - What Can Managers Spend and Should They Run Elections? Oct 24, 2016

Hi Kelly,

Thanks for your weekly articles. I have 2 questions.

First, should the Board conduct the election meeting, allowing the manager to assist, advise and count...

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Reader Questions - Delinquent Neighbors, “Certified” Managers Oct 24, 2016

Mr. Richardson,

Shouldn’t the board be pursuing legal action against homeowners who are in-default of their association fees? I spoke with one of the members of the...

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Risk vs. Reward: How to Make Community Service Fair Oct 17, 2016

It is a basic truth that the risk in any venture should match the reward. High risk investments should bring high yields, while low returns may be acceptable for very...

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The Business Judgment Rule: Not a Free Pass Oct 10, 2016

The Business Judgment Rule protects directors from personal liability if the board errs. Courts have repeatedly given deference to decisions made within the Business...

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Protection For Volunteers: Business Judgment Rule Oct 03, 2016

Association directors are unpaid, serving their neighbors as volunteers – is it fair that they can be sued for the decisions they make? The Business Judgment Rule is...

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Reader Questions - Executive Session: Used or Abused? Sep 26, 2016

Dear Sir,

You have mentioned the open meeting law. You still have not addressed the board going into secret meetings called executive sessions. These meetings...

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Myths About Toxic Mold Sep 19, 2016

In 2000, a new “toxic mold” panic swept the country, and sixteen years, untold lawsuits, and billions of dollars later, major myths still plague and...

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