California Code of Regulations (CCR) Sections 6600 through 6619 regulate the use of pesticides and pest control operations. Much of these Sections do not apply to residential homeowners associations ("HOAs"). However, there is one Section that contains various notification requirements that a HOA must satisfy when pesticides are applied in its community: CCR Section 6618 - "Notice of Applications."

In sum, CCR Section 6618 requires certain notifications to be provided to the "operator" of the property where pesticides are being applied, as well as to persons whom the operator has reason to believe may enter the property during and after the application period. Unfortunately, CCR Section 6618 is vague and somewhat confusing to interpret, especially due to its references to "fieldworkers," "agricultural plant commodities," and "commercial and research production." As a result, a number of our HOA clients have requested guidance on the extent to which they must comply with CCR Section 6618, as well as the steps needed to do so. 

Our attorneys have published a new article on this issue for use by our clients and their management.

Click here read our new article entitled: 

"HOA Compliance with California Pesticide Regulations"

In October of 2012, we blogged about a United States Bankruptcy Court case that addressed the proper interpretation and effect of Civil Code Section 5650 allowing for a HOA to recover delinquent assessments, along with "reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney's fees." In sum, the Court ruled that the delinquent homeowner was not liable for the fees and costs imposed by the HOA's collection company that was operating on a contingency basis. Because the HOA was not responsible to pay the collection company's fees directly, those fees were not costs "incurred" by the HOA which the HOA was legally entitled to recover from the delinquent homeowner. We then predicted that the case may affect the terms under which collection companies contract with HOAs, especially those that operate on a contingency ("no-cost") basis.

Another case currently being litigated in Northern California is addressing this same issue.  Though the case is still pending, a recent order issued by the United States District Court, N.D., California illustrates how the courts may be trending with regard to the fees and costs imposed by "no-cost" HOA collection companies...

 Click here to continue reading our blog post entitled: 

"Do 'No-Cost' HOA Collection Companies 'Wield Unchecked Power'?"

The ability of HOAs to adopt and enforce restrictions on the renting of units has been limited by changes in the law over the past couple of years. Those changes have purported to provide greater protections for homeowners seeking to rent out their units to third parties. HOAs have therefore been required to modify their approach to the enforcement of rent restrictions that may be contained in their governing documents, including the adoption of additional rent restrictions binding only on future homeowners.

However, a recent unpublished Appellate Court decision confirms the ability of a HOA to enforce rent restrictions adopted decades in the past that are intended to address the unique concerns and characteristics of the HOA's development...

Click here to continue reading our blog post entitled: 

"Court Upholds HOA Enforcement of 'Maid Unit' Rent Restriction"

Asked - Our HOA has established several working committees such as Finance and Compliance. Do these committees have to conduct meetings open to the public? Neither one has power to spend money but merely makes recommendations to the Board of Directors.

Answered - No. The provisions of the "Open Meeting Act" (Civil Code §4900) requiring open meetings apply only to "board meetings." A "board meeting" is defined as "a congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board." Civil Code §4090(a) (Emphasis added). Therefore, provided that the committee is not comprised of a sufficient number of directors so as to constitute a quorum (typically a majority) of the board, the committee's meetings are not required to be open to the membership...

Click here to continue reading our blog post entitled:  

"HOA Committee Meetings Open to the Membership? "