Monthly Archives: June 2007

Hiring Unlicensed Contractors May Cost you More than you think!

In Heiman v. Workers’ Compensation Appeals Board, a California Court of Appeal the Workers’ Compensation Appeal Board’s ruling that an injured employee of an unlicensed and uninsured contractor was entitled to workers’ compensation benefits. This part of the decision is straightforward. The interesting twist applicable to common interest developments/homeowner associations is the characterization of the [...]

By | June 6th, 2007|Cases & Laws, Liability|0 Comments

Audit v. Financial Review

California’s statutes do not require homeowner associations to perform a yearly audit.  An association’s governing documents may, however, require an “audit.”  Otherwise, only the preparation of a yearly review of the financial statements of the association is required. Civil Code Section 1365 requires the Association to prepare and distribute the following documents, unless the governing [...]

By | June 6th, 2007|Cases & Laws, Liability|0 Comments

Association Websites: The Do’s and Don’ts

By: Laurie F. Masotto, Esq. (originally published in Summer 2006) Association websites have become more popular, allowing members to conveniently access information from the comfort of their home, office or laptop without having to make a request to the manager or Board member, and without waiting for “snail mail” to arrive.  While these sites have [...]

By | June 6th, 2007|CID News, Liability|0 Comments

The Greener Side: Issues Involving Trees

By: Laurie F. Masotto, Esq. (originally published in Fall 1999) The issues that arise pertaining to a tree are often as numerous as its branches.  Trees also tend to evoke strong emotions and feelings that transcend logic and reason.  While trees may enhance the value of and add to the beauty of a community, they [...]

Tips for Special Meetings

By: Laurie F. Masotto, Esq. (originally published Summer 1998) At a board meeting, a “happy homeowner” who routinely violates the CC&Rs delivers a petition signed by six out of 100 homeowners, stating they want to call  a special meeting of the members for the purpose of  recalling the Board.  Questions frequently asked are: (1) do [...]

By | June 6th, 2007|Cases & Laws, Meetings|0 Comments

Potential Liability for Crimes on Premises

By: Laure F. Masotto, Esq. (originally published Fall 2000) The issue of liability for criminal acts occurring on both residential and commercial premises has been visited by the courts on numerous occasions in recent years.  Homeowners associations overseeing private residential communities have, in the past, been analogized to landlords, which under California law have been [...]

By | June 6th, 2007|Cases & Laws, Liability|0 Comments

The Privilege of Legal Bills

By: Laurie F. Masotto, Esq. (originally published in 2000) Readers may recall a prior article in our newsletter which outlined those records to which members are entitled to inspect, which are very limited, such as board or annual meeting minutes, financial statements, and the like, as compared to the directors’ nearly unfettered right to review [...]

By | June 6th, 2007|Cases & Laws, CID News, Enforcement|0 Comments

Businesses Within Residences

By: Laurie F. Masotto, Esq. (originally published Spring 1996) Mr. Marcus Jones, an angry homeowner storms into the Board of Directors meeting for your Association. "I WANT YOU TO DO SOMETHING ABOUT MY NEIGHBOR!  He is sawing and hammering all day long in his garage, and he has delivery trucks coming and going to pick [...]

By | June 6th, 2007|Enforcement, Violations|0 Comments

Foul Play: Avoiding Basketball Disputes

By: Laurie F. Masotto, Esq. (originally published in Spring 1999) Basketball hoops often evoke strong emotions and heated battles within a common interest development, between two teams: those who want to play roundball at home, and those who do not want their community  to become an obstacle course of hoops and players.   The Association, as [...]

By | June 6th, 2007|Enforcement, Liability, Violations|0 Comments

Unique Issues Affecting Annual Meetings

By: Laurie F. Masotto, Esq. (originally published in Fall 1999) Annual meetings can be full of surprises, some pleasant, some not so pleasant.  Some unique issues which can catch Boards of Directors and managers off guard often cause delay and strife.  These can often be anticipated and checked into prior to the meeting so as [...]

By | June 6th, 2007|Meetings|0 Comments

Violation Hearing Requirements

By: Johanna R. Deleissegues, Esq. (originally published Spring 2007) Introduction The purpose of this article is to explain the requirements of a violation hearing. When it comes to enforcing governing documents, different situations will call for different responses. Each association will have a unique set of governing documents, enforcement policies and personalities. Each homeowner will [...]

By | June 6th, 2007|Enforcement, Meetings, Violations|0 Comments

Lions at the Gate: an ARC Reviews an Application under new California code requirements

by: Johanna R. Deleissegues, Esq. (originally published Fall 2006) The Utopia Homeowners Association has over 1000 homes and is located in California.  The Utopia Architectural Review Committee (“ARC”) is a separate committee from the Association’s Board of Directors.  The Board and the ARC strive to maintain the highest aesthetic standards for the young community.  The [...]

Shaky Ground: Paying the Insurance Deductible after a Damaging Earthquake

By: Johanna R. Deleissegues, Esq. (Originally Published in Fall 2006) Earthquakes can cause more than property damage; they can also cause financial disasters.  After a damaging earthquake, the board will need to call an emergency meeting pursuant to Civil Code section 1363.05(h) and address membership needs and insurance issues, such as paying the insurance deductible [...]

By | June 6th, 2007|Assessments, Maintenance|0 Comments