Overview Homeowners attempting a short sale often encounter resistance from their homeowners association over unpaid assessments or a recorded HOA lien. That resistance feels real because, under Civil Code 5675 (which is part of the Davis-Stirling Act), an HOA has the...
Overview More than a year has passed since the initial compliance deadline for California’s “Balcony Law,” yet misinformation about what SB 326 required of HOAs continues to circulate. Unfortunately, that confusion does not come from obscure internet posts or outdated...
Overview For California HOAs located in designated coastal zones, authority over short-term rentals does not begin with the Davis-Stirling Act. It begins with the California Coastal Act. When an HOA adopts or enforces short-term rental (“STR”) bans, minimum-stay...
Overview The Business Judgment Rule (sometimes referred to as the “BJR”) is one of the most frequently cited legal doctrines in California HOAs, and one of the most commonly misunderstood. HOA boards frequently invoke the BJR as a blanket defense whenever homeowners...
Overview In many California HOAs, the most serious problems homeowners face do not come from hostile neighbors or rogue boards. They come from HOA managers who quietly, but perniciously, overstep their role inside weak or disengaged HOAs. When weak HOA boards fail to...
Overview When crimes occur in HOA-governed communities, homeowners are often told that the HOA has no responsibility for crime or safety. That statement is wrong. While California HOAs are not required to act as private police forces or guarantee that crime will never...
