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In November of last year we discussed the introduction of Senate Bill 209 (SB 209), in our post entitled, "Electric Vehicle Charging Stations in Your Community?" SB 209 as singed into law could be interpreted to broadly require that homeowners associations (Associations) allow electric vehicle (EV) charging stations on common areas--an apparent violation of existing California laws. Our blog post addressed SB 209's various defects and deficiencies, and touched on a report by CAI's Legislative Action Committee ("CLAC") noting the need for an amendment to the law.

 

On February 29, 2012, Senate Bill 880 (SB 880) was signed into law as an "urgency statute." SB 880, effective immediately, is a "clean up" measure intended to (1) correct constitutional flaws posed by SB 209, (2) resolve a conflict with Civil Code Section 1363.07, and (3) correct apparent ambiguities within the language of the statute.

 

In general, SB 880 operates to:

• Reinforce the right of Associations to place "reasonable" restrictions on the installation of EV charging stations;
• Narrow the scope of the statute to clarify that it applies primarily with respect to parking spaces already designated for the exclusive use of an owner;
• Require the Association to enter into a license agreement with an owner where the EV charging station cannot be placed within the owner's designated parking space;
• Amend Civil Code Section 1363.07 to allow for the granting of exclusive use of common area without a vote of the membership under certain limited circumstances.

It is easy to understand how HOAs have standing to initiate legal action for enforcement of their governing documents or for damage to common areas. However, under what circumstances may a HOA bring a lawsuit on behalf of its members for claims that the individual members may have against third parties? 

 

That question was addressed in the recent case of Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties, Inc., (2012) (Glen Oaks), where realtors working on behalf of the developer were sued by the HOA for misrepresenting and concealing material information to the HOA members during the sales process.  

 

When used properly surveillance cameras can provide additional security, a greater sense of safety and a deterrent to would be criminals. Yet several questions and considerations are often raised with respect to the installation of surveillance cameras within a HOA: Does it violate the law for a HOA to install surveillance cameras within the community? Are these cameras helpful in reducing criminal activity? Is it acceptable to use "dummy" cameras instead of operative cameras? Does a HOA have to post signs notifying the homeowners that they are under video surveillance? 

 

These are some of the questions that HOAs are asking legal counsel as their Boards consider installing surveillance cameras to monitor entry gates, parking facilities and other common areas. We have published a new resource addressing some of these questions while providing HOAs and community managers with some guidance in this area. 

 

Click here to read our resource entitled: 

"Surveillance Cameras within your Association"

HOAs unfortunately deal with owners overburdened by debt and unable to pay their assessments. These owners may file for bankruptcy to seek financial relief. HOA Boards and management often raise several questions when dealing with these situations: How does this affect a HOA? What must the HOA and its Board be aware of? How can a HOA protect its interests? 

 

We have published a new resource addressing these questions while providing a basic outline of the three types of bankruptcies that HOAs may encounter: Chapter 7, Chapter 11 and Chapter 13.

 

Click here to read our resource entitled: 

"Bankrupt Owners in your Community"

Tinnelly Law Group is proud to announce it's newest member of the team: Kai MacDonald, Esq.

 

Mr. MacDonald received his undergraduate education at the University of California, Santa Barbara, where he double majored in Philosophy and Law & Society. He received his Juris Doctorate from the University of San Diego, School of Law, in 2008, where he focused on tax law and real estate, and was awarded the Ralph Gano Miller Excellence in Tax Award for outstanding scholarship in tax law. 

 

In 2009 Mr. MacDonald went on to obtain his LLM in Taxation (Masters in Tax Law) from the University of San Diego, School of Law. Mr. MacDonald is also a licensed real estate broker and public notary.

 

For Mr. MacDonald's full bio, click here. He can be reached at [email protected].

 

 

Welcome New TLG Clients!

• Burbank Hill Community Association 
• Versailles Owners Association 
• Hacienda Del Rio Vista Homeowners Association
• Faire Harbour Homeowners Association

TINNELLY LAW GROUP

Your Community. Your Counsel.™