Make a Target! Goals for 2019

Make a Target! Goals for 2019

The late and legendary coach John Wooden said “The most important key to achieving great success is to decide upon your goal and launch, get started, take action, move.” Your association might benefit from setting a few goals, and then moving to achieve them. Here are some ideas for goals in the coming year: Increase the association’s reserve funds by 15%. The closer the association is to a fully funded reserve account, the more financially secure it is. Reduce assessment delinquencies by 20%. Make sure the association has all the Annual Budget Report (Civil 5300) and Annual Policy Statement (Civil 5310) items and annually provides them to owners. Improve member communication and save money by encouraging members to accept communications by email. The law now allows such a consent to be sent by electronic mail. Update the association CC&Rs and bylaws if they are the original documents or are at least 15 years old. Make sure the documents use the current Civil Code references which have been in effect since 2014. Updating the statutory references can be accomplished by board motion (in an open meeting) under Civil 4235. Review and update the rules. Remove rules discriminating against children or which are outdated and no longer enforced. Make sure the HOA has all the legally required rules. Hire an independent consultant to provide a comprehensive assessment of association maintenance and repair needs, to discover any overlooked problems before they become more expensive later. The consultant should NOT be a candidate for the work, so there is no mixed motive in their recommendations. Re-evaluate and update the association web site (or...
Webinar: “Not All Rules are Golden… The Drafting, Changing and Enforcement of HOA Rules”

Webinar: “Not All Rules are Golden… The Drafting, Changing and Enforcement of HOA Rules”

In this presentation, Kelly Richardson will discuss the basic as well as advanced concepts in rule creation, amendment and enforcement. Creating, amending and enforcing HOA rules are the bane of the manager (and volunteer director’s) existence. Rules can be a great help to a community and build community spirit, or they can create more problems and foster divisiveness and negativity… and even litigation. The very fast-paced presentation will be 60 minutes in length, including 10 minutes for questions at the end of the prepared remarks. This course has been approved for 1 Continuing Education Credit for Certified Manager of Community Associations (CMCA) by CAMICB.  Registration link at https://register.gotowebinar.com/register/1598374741632408065....
California Now Has Fair Housing Regulations: Sexual Harassment is Illegal

California Now Has Fair Housing Regulations: Sexual Harassment is Illegal

The federal Housing and Urban Development Department (“HUD”), adopted regulations in September 2016 which for the first time prohibited sexual harassment within housing accommodations. “Housing accommodations” in this context includes homeowner associations. These regulations have thus far not received widespread attention, but in California this will change soon. In August 2018 the California Fair Employment and Housing Council approved Fair Housing regulations, providing the first written enforcement guidelines to help associations comply and avoid exposure to state or private discrimination claims. The new state regulations will take effect on January 1 or April 1, 2019, after some further rule-making process, and will be found at California Code of Regulations 12000-12271. The inaugural regulations do not address all Fair Housing issues but are informative regarding accommodation of disabilities and assistance animals, and also bring a new requirement by echoing the HUD regulations (as California must) by requiring housing providers to reasonably respond to sexual harassment against residents. Sexual harassment was previously considered only as an employment issue, and its two varieties – unwanted sexual advances and hostile environment- have both long been illegal in the workplace. Under the new regulations, associations must protect residents from unwanted advances not only from vendors or management, but also from other residents. If a resident complains against a neighbor, what should associations do, since they can’t relocate or evict residents? Kevin Kish, Director of the Department of Fair Employment and Housing, said “an HOA can’t be liable for failure to take an action it doesn’t have the power to take.” Under section 12010(c) a violation exists where the person knew or should have known...
Boards Elections [Part 1]

Boards Elections [Part 1]

Mr. Richardson, What recourse does a member have if the board refuses to abide by the governing documents or state law? Our president refuses to hold the annual election in an apparent attempt to stay in power. C.S., Poway Dear C.S., 5% of the members may under Corporations Code 7511(c) send a written petition demanding a membership meeting. However, most likely the board will ignore it. I have seen members announce their own membership meeting, but this is a bad idea because it is too easy to make an error in the very technical election procedures required by Civil Code 5100-5135. A better option may be to file a court petition under Corporations Code 7510(c) for an order compelling an election. This involves legal expense, and is a last resort, but judges are normally sympathetic to these petitions and are willing to order an election. Before going to all the effort and expense of filing a court petition, make sure you have member support (and a few candidates). Best regards,Kelly Dear Kelly, Our association did not make quorum, so our election was postponed a month. Each homeowner gets 1 vote, but there were couples at this meeting so some homeowners got 2 votes. Some homeowners returned a handful of ballots they had collected. I was told each homeowner must mail or bring their ballot in themselves. Is this legal? D.P., Aliso Viejo Dear D.P., Civil Code 5115(a)(2) says that ballots may be mailed or delivered by hand to a location specified by the inspector of elections but does not specify who does that. Election rules could avoid a dispute...