Commercial Developments Can Also Benefit from Restating their CC&Rs and Bylaws

Now that the new Commercial and Industrial Common Interest Development Act (CICIDA) is in effect, many of our commercial and industrial association clients have been inquiring about restating their CC&Rs and Bylaws. In order to meet their needs, our firm has crafted a special flat attorneys' fee program for restatement to comply with the CICIDA and provide the opportunity to remove many of the provisions formerly required under the Davis-Stirling Act.

See below for further discussion of the new CICIDA. If you would like us to review your CC&Rs and provide a flat fee proposal for restatement, whether your development is commercial/industrial, mixed-use or residential, email us today and attach your CC&Rs. We can provide our written proposal within approximately two weeks. You may also wish to download a summary of our restatement program for commercial/industrial developments.

Questions? Feel free to contact our Marketing Coordinator, Mark Petrie, at 310-207-2207 x214.

The New Commercial and Industrial Common Interest Development Act

Is your condo association exclusively a commercial or industrial development? Surprise - as of January 1, 2014, the Davis-Stirling Act no longer applies to your association. Your association is now regulated by the new Commercial and Industrial Common Interest Development Act (CICIDA), Civil Code Sections 6500-6876.

Previously, managers and directors of commercial and industrial developments only had to be aware of the provisions of the Davis-Stirling Act that did not apply to commercial and industrial developments. Now, there is an entire new body of law specifically applicable to these kinds of developments. While some requirements remain unchanged, there are some substantive changes that will generally allow for more flexibility when governing a commercial or industrial development. Simply stated, the legislature has not included in the CICIDA many of the requirements of the Davis-Stirling Act that now apply solely to residential associations, including secret elections, budgets, disclosures, and the list goes on.  Follow this link to read our comprehensive article.

The Impacts of California's 2020 Water Law on Community Associations

In recent years, California has been faced with drought conditions, reduced water supplies and a consistently growing population. One step the California legislature has taken to address these issues was the adoption of Assembly Bill 1881, the Water Conservation in Landscaping Act of 2006 (the "Act"), which establishes goals for the efficiency and reduction of water usage in California. The Act has been codified in the following California statutory provisions: Section 4735 of the Civil Code; Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code; Section 25401.9 of the Public Resources Code; and Article 4.5 (commencing with Section 535) to Chapter 8 of Division 1 of the Water Code, relating to water conservation.

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Justin Bieber Violates HOA Rules, Pisses Off His Neighbors, and Some Threaten to Stop Paying Assessments - What is the Association To Do?

This was the title of a recent newspaper article. As Justin Bieber has been in the news too often lately and seems to be spiraling out of control, and as there is now a community association component to the story, we thought it only fitting that we address the community association issues raised by his recent activities.

The article (in the LA Times) reported about an alleged incident in late May and June of 2013 at the Calabasas planned development HOA where Bieber owns a home (one he apparently resides in). It is claimed that Bieber was involved in a high-speed chase on the association's streets on Memorial Day 2013, as former NFL player Keyshawn Johnson - in his Toyota Prius hybrid - chased after Bieber - who was purportedly driving his white Ferrari, in an effort to catch "the Bieb" speeding in the HOA too close to Johnson's kids. Johnson claims that Bieber drove to his home, jumped out of the Ferrari, and ran inside before Johnson could confront him. Bieber later claimed that security footage proved it wasn't him behind the wheel.

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What Happened To Your Condo Association's Disabled Parking Space(s)? Court Finds In Favor of a Tenant Where HOA Had No Designated Disabled Parking Spaces And Refused To Designate a Space

Does your community association have disabled parking spaces? Maybe we should ask if the association ever had these spaces. There is no police force that goes out and checks. But we know that over time, some boards have "converted" what were initially designated as handicap or disabled parking spaces into guest parking or assigned parking for management or other staff.

Some association clients tell us that their disabled parking spaces were never being used and that the association has a shortage of guest parking spaces. While that may be true, it is also true that associations must comply with the Fair Housing Amendments Act (FHAA, 1988). Not only does compliance make living in the community easier for members with disabilities, but it also helps the association avoid a time-consuming and costly lawsuit, because not all carriers provide coverage for fair housing violation claims arising out of an owner's or tenant's claim that the board and association have not reasonably accommodated their needs. Parking is one of the claims we often see when it comes to reasonable requests for accommodation by owners and/or their tenants.

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California Community Associations are Increasingly a Target for Wage & Hour Lawsuits

Wage & hour lawsuits are being filed with increasing regularity, and community associations, as employers, are not exempt. Unfortunately, some of our association clients have already been sued on wage and hour claims, and it appears that the risk of the association employer being sued for these claims is greater than ever.

What can you do to not be a target for litigation? Start by evaluating your association's pay practices.

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Is Your Community Association Complying With the Law Relating to Minimum Wage and Heat Illness Periods?

We know that most of you are likely overwhelmed with the new Davis-Stirling Act. But there was other new legislation that impacts many California community associations.


Minimum Wage

For example, we know that many of you employ minimum wage workers, typically for maintenance and landscaping jobs. Did you know that the legal minimum wage is higher than federal law and is currently $8.00 per hour? Also, it increases, effective July 1, 2014, to $9.00 per hour. And note that effective January 1, 2016, the California minimum wage further increases to $10.00 per hour.

Heat Illness Periods

Did you know that California Labor Code section 226.7 was amended and has expanded meal and rest break requirements to include recovery periods to prevent heat illness? This would most likely apply to those employees that work in landscaping and maintenance positions. The penalty mirrors the premium for failing to provide meal or rest breaks (i.e., one additional hour of pay for each workday that meal, rest or heat illness recovery period is not provided). But unlike the meal and rest period rules which are clear on timing, the need for a heat illness recovery period is subjective and determined by the employee (and not their manager).