Meetings

New Common Interest Development Laws for 2008

The California Legislature started off the 2007 Legislative Session geared up to make numerous amendments to California law applicable to common interest developments. Among the top contenders were Assembly Bill 567 (establishing the Common Interest Development Bureau in the Department of Consumer Affairs), Assembly Bill 952 (prohibition on imposing certain assessments on low to moderate [...]

By | January 7th, 2008|Cases & Laws, CID News, Meetings|0 Comments

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

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

New Laws Affect Executive Session Minutes

- By Laurie S. Poole, Esq. (originally published in Fall 2002) California Civil Code Section 1363.05, known as the "Common Interest Development Open Meeting Act," addresses the issue of executive sessions and minutes of those meetings. Under Civil Code Section 1363.05(b), all board meetings are open to the homeowners except when the board adjourns into [...]

By | May 25th, 2007|Cases & Laws, Meetings|0 Comments

Pending Legislation Regarding Non-Judicial Foreclosures and Executive Session Meetings

- By Stephen M. Kirkland, Esq. (originally published in Spring 2002) ASSEMBLY BILL 2289 Homeowners' assessments are the lifeblood of any common interest development providing an association with 'income' by which to meet its obligations under the governing documents. However, virtually everyone involved with the management or operation of homeowners associations has encountered the problem [...]

By | May 25th, 2007|Assessments, Cases & Laws, Meetings|0 Comments

Back to the Basics: Conducting Association Business (Meetings, Minutes and Records)

- By Mark T. Guithues, Esq. (originally published in Spring 2002) For those of you who are new to serving on a board of directors of a homeowners association and, yes, even those of you who have served for many years, it is important to review and understand the basics of conducting association business. The [...]

By | May 25th, 2007|Cases & Laws, Meetings|0 Comments

Associations Going “High Tech” (Part 2 of a 2-Part Series)

- By Laurie S. Poole, Esq. (originally published in January 2000) Our October, 1999 newsletter contained the first part of this series, focusing on homeowners associations having web sites. In this part 2, we will address today's "high tech" form of communication: e-mail, chat rooms, conference calls, electronic video screening, etc., and how it potentially [...]

By | May 25th, 2007|CID News, Meetings|0 Comments

Association’s Going “High Tech” (Part 1 of a 2-part Series)

- By Laurie F. Masotto, Esq. (originally published in October 1999) You see it everywhere. Every-one, and everything, it seems, has gone "high tech." Today, much of our communication is via the internet, e-mail, conference calls, satellite broadcasting, etc. Just how home-owner associations can become a part of today's "high tech" world without jeopardizing private [...]

By | May 25th, 2007|CID News, Meetings|0 Comments

Tips for Special Membership Meetings

(originally published in July, 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 we have to schedule [...]

By | May 25th, 2007|Meetings|0 Comments

Stop! Don’t Touch that Record Button! Should Members be Permitted to Tape Record Meetings?

- By Jeffrey R. Pratt, Esq. (originally published in April, 1998) The question often arises whether a member should be allowed to tape record a meeting of the board of directors of a homeowners association. For the reasons discussed below, it is generally recommended that the board not allow the meetings to be tape recorded. [...]

By | May 25th, 2007|Meetings|0 Comments

Have a Minute? The Do’s and Dont’s of Recording Minutes

- By Laurie F. Masotto, Esq. (originally published in January 1998) There is no doubt that a homeowners association is required to keep written minutes of the proceedings of its members, the board of directors, and its committees. (Corporations Code Section 8320.) The issue that often causes confusion is what should be included in the [...]

By | May 25th, 2007|CID News, Meetings|0 Comments

Never Say Reconvene Again!

(originally published in July of 1997) In our representation of homeowner associations,the following is a common scenario: It is the annual meeting of the Harmony Homeowners Association. Present are the 11 members of the Board of Directors, the management representative, the Association’s legal counsel, CPA, landscape maintenance contractor, and building consultant. Out of the 100 [...]

By | May 22nd, 2007|CID News, Meetings|0 Comments