"Always be prepared." That simple phrase sums up the importance of funding and properly maintaining a reserve account. Accidents and surprise maintenance issues will inevitably pop up. When they do, the HOA that has been properly funding and managing its reserve account will be prepared to do what is necessary to protect the interests of the HOA and its members.

Our HOA lawyers have published a new article entitled "Association Reserve Accounts & Reserve Studies." It covers the basics of reserve accounts and reserve studies, their importance, and the relevant obligations of a HOA and its Board. The article is available for download from our library.

Click here to download our new article entitled:

"Association Reserve Accounts & Reserve Studies" 

AB 2237 was passed in 2012 by the California Legislature to expand the legal requirements for the "contractors" who are required to have a General Contractor's "B" license from the State of California.

The "contractors" who must be licensed are defined in Cal. Business and Professions Code Section 7026.1(b)(1). They include "[a]ny person, consultant to an owner-builder, firm, association, organization, partnership, business trust, corporation, or company, who or which undertakes, offers to undertake, purports to undertake, purports to have the capacity to undertake, or submits a bid to construct any building or home improvement project, or part thereof." (Emphasis added.)

AB 2237 expands upon this definition by adding subsection (2) to Section 7026.1(b). Subsection (2) states that a "consultant" includes a person who either: (A) "Provides or oversees a bid for a construction project," or (B) "Arranges for and sets up work schedules for contractors and subcontractors and maintains oversight of a construction project." 

This language has spawned questions from HOA managers who are concerned that, as a result of AB 2237, they may now be required to hold a license in order to perform common tasks such as obtaining bids and overseeing the progress of ongoing construction work. A careful reading of Section 7026.1 and the legislative intent behind AB 2237 reveals that the answer to that question is generally "no." ...

Click here to continue reading our blog post entitled: 

"AB 2237: Contractor Licensing Law & Its Impact on HOA Managers"

Asked - "Our high-rise condominium association does not allow dogs weighing over 40 pounds, but we have an owner that has requested an exception for her "companion" dog that is a 70 pound Golden Retriever. Does our HOA have to allow the homeowner to have her companion dog?"

Answered - Probably. The HOA may not discriminate against individuals with disabilities by prohibiting a "companion" animal or a "service" animal. The HOA's weight restrictions for pets in the community does not apply to companion or service animals because they are not "pets." Companion animals provide psychiatric support to individuals suffering from a mental disability such as depression, claustrophobia, certain types of autism, and other disorders that are mental in nature, while service animals assist with physical disabilities...

Click here to continue reading our blog post entited:  

"HOA Restrictions on Companion and Service Animals"

Asked - "Our HOA's Architectural Committee received an application for a homeowner to install artificial grass in their front yard. Does Civil Code Section 1353.8 (Use of Low Water Using Plants) require us to approve it?"

Answered - No. Civil Code Section 1353.8 renders void and unenforceable any restrictions in a HOA's governing documents that prohibit the installation of low water-using "plants." Artificial grass or synthetic turf is not a plant, but a synthetic material designed to look like grass...

Click here to continue reading our blog post entitled: 

"Is our HOA Required to Allow Artificial Grass?"

CAI's California Legislative Action Committee (CAI-CLAC) is a volunteer committee of the Community Associations Institute (CAI) consisting of homeowners and professionals serving HOAs. It is the largest advocacy organization in America dedicated to monitoring legislation, educating state lawmakers, and protecting the interests of those living in California HOAs.

Our firm is privileged at the opportunity we have to work with both CAI and CAI-CLAC in advancing the interests of our HOA clients throughout the state. 

CAI-CLAC is funded solely from the donations it receives from HOAs. Please consider supporting this fantastic organization by having your HOA contribute a "Buck-a-Door" to its efforts.

Please take a moment to view the "Buck-a-Door" Flier by clicking here.