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Showing posts from November, 2015

HOA conflicts of interest

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(CORONAin sync withALTACITIES) Despite the Davis-Stirling Law (DSL) in California, there really is no court of appeals for HOA disputes.  There is alternative dispute resolution (or mediation), but the courts are largely hands-off regarding HOA conflicts, even those that have a profound common interest.

Of course, that reality is not of much concern when homeowners consider most of the business transacted by, within, and for most common interest developments, aka homeowner associations (or HOAs), yet because human beings are involved, you can't totally discount the occurrence of conflicts, some of which rise to the level of real legal disputes.

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Gambling with casino condo

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(CORONAin sync withALTACITIES) Our common interest development, aka homeowner association (or HOA) has a monthly newsletter.  The November 2015 issue has a helpful chart about how and where our monthly dues are allocated. To be specific, $80.90 of our $273.00 base dues are allocated for administrative expense.  That expense category includes legal services, but the specific legal expenses are not detailed due to confidentiality and attorney-client privileges.

Because an HOA is, in fact, a nonprofit community benefit corporation, legal services are necessary and vital, starting with the drafting of bylaws and the covenants, rules, and regulations (CC&Rs). But beyond tending to the creation and modification of these documents, legal counsel is always involved in dispute and conflict resolution within and around the association.  To learn more about the legal affairs of HOAs, read about the Davis-Stirling Law (DSL) in California.

Without an understanding of DSL, you may be gambling w…

HOA: Too litigious?

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(CORONAin sync withALTACITIES) Here at TRILOGY GLEN IVY, the Shea/TWC suit (circa 2010) by TGMA is approaching a 5-year anniversary.  Homeowners were curiously sent an "status report" letter just recently by the lead plaintiff in the suit (our original HOA builder) and we were told that a response to that letter is due soon from the attorney four HOA board.

The builder attorney disclosure to homeowners is a rare event. For sure, association boards always consult with legal counsel when a situation does not fall squarely within the mandatory disclosure categories. Failure to disclose may result in liability for the association, but giving too much information can also cause problems for an association.  Are we now getting too much information?

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Mining a 'dust up' in happy valley

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(CORONAin sync withALTACITIES) Most of the tenets of community for common interest developments (homeowner associations or HOAs) in California are codified and specified by the Davis-Stirling Law.  But clearly, one matter on which that law is silent is how to negotiate and deal with county property zoning laws in any given locality.

Such is the challenge for our greater community of Temescal Valley, a story that is partially detailed in the following archive.

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Executive Sessions by HOA for this, not that

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(CORONAin sync withALTACITIES) One of the least understood matters of governance of the typical common interest development (homeowners association or HOA) in California is the topic of executive privilege, or the practice of boards of directors taking matters behind closed doors.  That is, the board is granted authority by the Davis-Stirling Law (DSL) to discuss, debate and pass measures along a narrow line of subjects without the knowledge or presence of homeowner consent.  The following graphic offers detail of how this provision of the DSL actually works.

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5 Pros and Cons of Homeowners' Associations

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(CORONAin sync withALTACITIES) Scanning the web for content creation of this archive, we found the following as comments, content, clips, and links for the 'social current see' on topic. While there is no 'final' list of the pros and cons of HOA living today, there are many who will take a stab at outlining the subject.  What is your comment on the following list?

PRO
1) Your neighborhood will look good
2) Community amenities
3) Maintenance costs are shared
4) You've got a built-in mediator (the HOA Board?)
5) Get to know your neighbors

CON
1) HOA dues & assessments
2) Your hands are (somewhat) tied
3) Beware of HOA financial woes
4) Give up some freedom
5) Watch out for the "rogue" board member

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