
Contributing Columnist
Kelly G. Richardson
Kelly G. Richardson CCAL is a Fellow of the College of Community Association Lawyers and a Principal of Richardson Ober LLP, a California law firm known for community association advice. Send questions to [email protected].
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There is a wide range of qualifications and experience in the profession, so finding indications of superiority is important.

What to look for in HOA management contracts
Here are 9 points to consider when you're evaluating proposed management contracts.

Management: Which type does your HOA need?
Choose the management style best serving the community’s interests and needs, rather than automatically selecting the cheapest.

21 tips for healthier HOAs
Here are 21 suggestions on ways HOAs can become more positive communities.

Should the state require California HOA managers to hold a real estate broker license?
Currently, in California, managers need only convince the HOA client to hire them — there is no minimum standard or qualification required.

HOA bills in the works: protected use, EVs, financial reports
3 more bills pending in Sacramento that would affect California HOAs if ed.

HOA Homefront: Pending HOA bill would ‘protect’ electric heat pumps
This week’s column reviews three more bills in Sacramento that would affect California HOAs if ed.

Pending state HOA bills to watch: Balcony inspection records, rebuilding parameters
There are at least nine bills introduced that could directly affect HOAs in various ways.

What to do when your HOA refuses a reduced quorum meeting
The cleanest approach is for the board to post an agenda four days in advance of the election announcing that in the event of a quorum failure the board will...

HOA reserve disclosures and the lending black list
Too many HOAs still have inadequate reserve fund savings.

When can HOAs tap reserve funds?
HOAs are allowed to borrow from the fund to meet short-term expenses if they follow certain requirements.

What you need to know about HOA reserves
HOAs failing to set aside money to offset the ongoing deterioration of major common area elements quietly fall into insolvency.

Before buying into an HOA, read this
14 items to consider before closing escrow on an HOA property.

The saga of the Corporate Transparency Act ends for HOAs
On March 2 the Treasury Department announced it is suspending enforcement of the act against U.S. citizens and domestic corporations so HOAs can now ignore it.

Should we have disabled parking at our HOA?
HOAs are not considered “public accommodations” so the Americans with Disabilities Act doesn't apply. But federal and state Fair Housing laws and California Fair Housing Regulations do apply.

Is your HOA ready for electronic voting?
The HOA must send paper ballots to who have timely opted out of electronic voting.

Court holds that HOAs can stay out of neighbor vs. neighbor disputes
An appeals court ruled that an HOA and its manager did not have a duty to do “something" to prevent what turned into an allegedly violent dispute.

The balcony inspections deadline has ed. Is your HOA compliant?
Some homeowner associations are ignoring, at great risk, a state code sparked by the deaths of six people in Berkeley.

There are many ways an HOA is allowed to announce board meetings
Looking at the challenge of closed meetings, and what you should be able to see in an HOA balance sheet.

Tips before starting major reconstruction or repairs at your HOA
Understanding the job, the of the agreement, and conducting proper vetting of contractors and bids is essential for a smooth renovation or repair.

Can my HOA board extend its own ?
Boards cannot normally amend bylaws without a hip vote, but sometimes HOA boards will slightly postpone an annual meeting because of scheduling concerns.

How HOAs and can deal with a disaster
Here's a checklist of actions and tips to consider.

How consent calendars streamline your HOA meetings
The whole point of the consent calendar is to eliminate unnecessary discussions.

‘Twas the night before the HOA’s Christmas
Here's a twist on a holiday classic for HOA and professionals.

Is it OK to have an out-of-state bank for our HOA?
If your HOA confirms that the manager’s bank has no presence in California, then the association should explain why the manager is violating this requirement.

Can HOA boards meet in secret?
HOA boards refusing to comply with the Open Meeting Act risk their decisions being legally challenged.

Your HOA: Who is responsible for preventing termite damage?
Sometimes the developer’s original CC&Rs do not adequately enable the HOA to deal with the challenges of termite prevention and damage repair.

Can HOA use email to connect with out-of-country owner for regular correspondence?
If the owner provides their email address to the HOA and indicates they prefer that as their address, the HOA can proceed to communicate via email.

HOA’s required reserve funding: What are the rules? Can we fund with transfer fees?
Is there a standard in California law for a minimum percentage of projected reserves?

Can an HOA board remove a phantom director?
Sometimes bylaws will have a provision. Otherwise, the only way to remove an eligible director is a vote.

What happens if your HOA fails on first attempt to meet quorum required by the bylaws?
A new law in effect this year allows reduction of HOA member quorum if the HOA fails to achieve quorum on the first attempt.

Why Is HOA living and governance so hard
There are trade-offs to living in an HOA. Do you understand and embrace them?

Document checklist: Does your HOA have these disclosures?
Well-run HOAs should have these documents readily available for prospective buyers.

Is the quorum lowered for recalls at HOAs? Will electronic ballots be secret?
There are good reasons not to make recall votes too easy to accomplish without a sizable amount of the hip participating.

HOAs and the Corporate Transparency Act
Here's how a law designed to help law enforcement and intelligence agencies catch money launderers and international criminals works.

New laws for HOAs in 2025: How maintenance and repair obligations are allocated
Unless the CC&Rs state otherwise or a utility provider is responsible, the HOA must maintain, repair, and replace utility services (gas, water, electricity, or heat) to individual homes.

Helpful new laws coming for HOAs in 2025: Electronic voting
This long-overdue law allows HOAs to catch up with the rest of society in this electronic age.

What is a board quorum? Can an outgoing board still run my HOA?
In general, HOA boards cannot act without at least four directors participating.

Is our HOA properly insured?
Many HOAs have been forced to change their insurance due to extremely high costs.

Is an HOA consent calendar OK or does it help boards hide their business?
If used properly the consent calendar is a helpful tool to make board meetings more efficient without being less transparent.

Can we use voting boxes and board-signed envelopes in our HOA elections?
Your HOA can designate locations where sealed ballot envelopes can be dropped off. Make sure your election rules are clear to avoid confusion.

Open forum cutoffs and facing the acc in HOA disciplinary hearings
Many people confuse HOA disciplinary hearings with criminal court proceedings. These are neighborhood hearings and nobody is going to jail.

Where can I put my EV charger if I am an HOA member?
Disputes usually arise from homeowners not understanding they are responsible for the entire cost of the installation.

Know what kind of HOA residence you have
California law lists four types of common interest developments in Civil Code Section 4100 — community apartment, stock cooperative, condominium and planned development.

What is the right board size for your HOA?
Your HOA bylaws specify the size of your board, so any change in board size would require a hip vote.

More help for HOAs with balcony inspection requirement
New measure broadens field of experts authorized to perform these inspections.

How can HOAs protect their community from becoming overrun with rentals?
HOAs are allowed to adopt rules that are intended to foster good neighborly behavior by tenants but may not adopt restrictions designed to discourage rentals

Do I have any constitutional rights in HOA disciplinary hearings?
The “due process” for HOA hearings does not come from the constitution because HOA boards are not judges.

Is this change to parking rules OK under the Fair Housing Act?
If someone qualifies under the Fair Housing laws as “disabled” and needs access to parking spaces closer to the resident’s home, the HOA rules take a back seat to the...

Called to a disciplinary hearing at your HOA? Here’s what to do
The HOA disciplinary hearing notice must specify the violated governing document provision. Read it. Are you in violation? Can the violation be quickly corrected?

Why can’t we speak at our HOA meeting?
have the right to speak in open forum, a valuable part of board meetings that healthy HOAs embrace

14 things all HOA attorneys should know
The paramount obligation of the HOA attorney is to provide ethical and competent advice for the HOA’s best interests, not to facilitate the client’s desires

13 things HOA service providers should know
The client is the HOA corporation, not the president or any individual director.

17 things HOA managers should know
HOAs don’t work well without competent and trustworthy managers

18 things all HOA should know
One in a series of columns on boards, homeowners, managers, vendors and HOA lawyers. HOA living involves a trade-off of independence in exchange for the benefits the HOA provides. Someone...

13 things all HOA directors should know
This is the first of five installments that will address boards, homeowners, managers, vendors and HOA lawyers.Governance1. HOA governance is a team sport. It’s different from our career jobs because...

Did HOA board go through the correct process to change rules?
Q: If the board decides to change any rules shouldn't those rule changes be placed on the open general session board meeting agenda for discussion and vote of the board...

Is it our HOA manager or is it us?
Many associations struggle with a poor manager relationship, resulting in frustration for both sides. However, such struggles are sometimes created by the board and not the manager. Therefore, these can...

What does each HOA officer – president, vice president, secretary, treasurer – do?
Q. I am a sitting board member for our HOA and we are coming up next week with our annual board election and a possible change of president (which is...

Understanding HOA election rules and candidate statements
Q: Our HOA ballot package for the board election included three candidate statements that endorsed themselves as a slate, one of whom also criticized their opponent. In the past, candidate...

HOA Homefront: Ins and outs of electing HOA directors by ‘acclamation’
Q: I came across an article in which you answered a question about election by acclamation. There is a lot of information on the internet about acclamation, but one item...

Why it’s hard to get volunteers for your HOA board
Filling open HOA board seats is a vexing and discouraging problem for some associations. However, there may be reasons why neighbors are not interested in serving. Could any of the...

More incorrect statements about ‘toxic mold’
Misleading and self-serving statements by the “toxic mold” industry continue to grab attention. This second installment lists further wrong statements followed by the truth.You cannot personally handle mold. Many mold consultants...

Don’t let misleading statements about ‘toxic mold’ send you into a panic
In 2000, a new panic swept the country — “toxic mold.” Twenty-four years of lawsuits and untold billions of dollars later, major mold myths continue to frighten residents and cause...

Are HOA managers legally required to attend board meetings?
Q: Is it legal for the board of a community to host a meeting without including representation from the HOA’s management? —A.L., (manager), Laguna HillsA: There is nothing in the...

Is my HOA supposed to notify us in advance about fee increases?
Q: My question is whether it is legal to raise one's HOA fees without a prior notification of proposed increase. I am aware that the board has the authority to...

When your HOA doesn’t have a board
Q: I have been a member of a small condo for over two years. There are no board and the HOA doesn't meet either in person or virtually. All...

HOA Homefront: New law restricts watering of HOA ‘nonfunctional turf’
Q: Can you address AB 1572, which will have a huge effect financially on our HOA?— B.W., San DiegoA: Even though 2024 is expected to be a drought-free year, California...

HOA Homefront: Is my dog allowed?
Q: I am hoping you could help me with my HOA that’s trying to remove my daughter’s dog because of its weight and breed. They are threatening to come...

HOA Homefront: Understanding fair housing laws to help those who need it
California and federal law provide important protections for disabled persons. Morally and legally, doing what we reasonably can to help the disabled live as normally as reasonably possible is the...

HOA homefront: Do our balconies require inspection?
Q: I am on the board for our HOA, which is comprised of single-family residences. Does the new balcony law pertain to our situation? Quite a few of our homes...

HOA Homefront: What if I can’t pay my assessment increase?
Q: Can HOAs increase the 20 percent for monthly dues plus add a 5 percent special assessment at the same time? —P.M., PacoimaA: HOAs are not as flexible as individual...

HOA Homefront: Is your HOA’s corporate status current?
The law requires HOAs to keep their corporate status current, and failure can be disastrous.Most California HOAs are set up as nonprofit mutual benefit corporations. To determine whether an association...

HOA Homefront: For and against virtual meetings – who decides?
Q: Hi Kelly, I wanted to get further clarification regarding the new Civil Code Section 4926. My simple question, which relates to your recent Q&A article covering this topic is,...

HOA Homefront: Are unexplained assessment increases and vague agendas OK?
Q: We just received a notice two days ago that our HOA assessments will increase 10 percent. The new increase takes effect in three weeks. We did not receive any...

HOA Homefront: New year and new laws for California
A number of new laws affecting California HOAs take effect in 2024. Here is a quick recap of what changes.First is a reminder of an existing law with a deadline...

HOA Homefront: How to promote peace and harmony all year and not just during the holiday
Regardless of one’s religious leanings, most agree that the holiday season is a time of generosity. Here are several ways those involved with the HOA can through generosity promote community,...

HOA Homefront: Who insures what in the planned development?
Q: Can a Planned Unit Development purchase "bare walls" fire insurance for residences since the HOA does not own them? —R.M., VistaA: The term “Planned Development” is used in California...

HOA Homefront: A dozen long-term HOA challenges
This marks the 700th HOA Homefront column since it debuted in 2005. At this milestone, I would like to share with you 12 significant challenges for HOAs.1. Neighborhood alienation. As...

HOA Homefront: Q&A on elections and board shenanigans
Q: Our HOA board did not notify the hip that there were no nominations, then they secretly submitted their nominations on the day nominations closed. They voted themselves back in...

10 reasons to be thankful for your HOA
As an HOA member for many years, I pondered if my HOA should be one of the things I am grateful for this Thanksgiving. With all its limitations and problems,...

HOA Homefront: If I were the HOA president
Dear readers: David Brock, owner of a Pasadena management firm, sent me this. His perspective as a highly credentialed (PCAM) manager is unique — a view from the trenches. If...

HOA Homefront: Do we have to Zoom?
Q: I'm still confused about holding board meetings. We use Zoom for our meetings as we have no convenient place to meet in person. Is it a hard and fast...

HOA Homefront – Who’s the boss: Manager or board?
Q: I am president of an HOA with management whose performance has been lackluster. Lackluster is characterized by little to no communication unless initiated by the board, not following through...

HOA Homefront – Who watches the managers?
Q: What entity oversees/regulates HOA management companies in California?C.W., Santa BarbaraQ: What state agency oversees management companies? The management company manager refuses to speak to any of the other board...

HOA Homefront – Who watches the managers?
Q: What entity oversees/regulates HOA management companies in California?C.W., Santa BarbaraQ: What state agency oversees management companies? The management company manager refuses to speak to any of the other board...

HOA Homefront – Good news in 2024 for HOAs: Reduced quorums
HOAs often struggle to attain “quorum,” meaning the minimum member participation needed, to conduct board elections. Developer-drafted bylaws typically require a majority of the hip to participate in board elections....

HOA Homefront – Ideas and modifications for purely virtual meetings
In 2024, Civil Code 4926 will permit 100% virtual meetings along with the current in-person and hybrid meeting formats. Readers have submitted numerous questions since the pandemic (and explosion of...

HOA Homefront – Legal purely virtual meetings can begin soon
One byproduct of the pandemic was the explosive growth of virtual meeting software platform usage for board meetings, and there has been confusion for three years regarding whether HOAs could...

HOA Homefront – Can the board enforce that? Why don’t they?
Q: My HOA has made a bulk of the daily hours reserved for private use in our fitness rooms and saunas. Is this legal without a change in rules by...

HOA Homefront – Board doesn’t act, and then won’t inform us when they do!
Q: We are hopeful you can shed some light on these issues in our HOA:Board are elected for two-year . Our board did not schedule an election for the...

HOA Homefront – Can meetings be purely virtual?
Q: The last in person meeting [our HOA] held was August 2022 and it was the annual meeting. Since then the monthly meetings have been only virtual. Is our HOA...

HOA Homefront – Appellate ruling OKs board email discussions
There is a transparency law within the Davis-Stirling Act called the “Open Meeting Act,” containing requirements regarding governance transparency. For years, many HOA lawyers have discouraged their clients’ boards from...

HOA Homefront – Reader asks: Are HOAs communist? They’re not for everybody
Q: It is my opinion, we the homeowners have no rights in being run by a board of directors, a management company as well as the law. Sounds to me...

HOA Homefront – Are the CC&Rs stale?
Q: Our Association has one board member who I’ll call “Rick.” “Rick” keeps repeating the same mantras: “Our CC&Rs are so old they aren’t enforceable” (our CC&Rs were written over...

HOA Homefront – 4 standards for board eligibility
Q: Our bylaws require 2-year residency before eligibility to serve on our board, BUT we’re desperate for a treasurer with experience. If we find such a person, is there any...

HOA Homefront – Can entities charge transfer fees?
Q. Someone who just moved told me that there is an HOA transfer fee of over $800, however it was reduced to just over $500 when he questioned the price....

The HOA’s disciplinary action was flawed. Now what?
Q: Our HOA egregiously violated Davis-Stirling rules by not offering due process to a resident fined for an alleged architectural misdemeanor. What recourse does the resident have? R.L., La QuintaQ:...

HOA Homefront – Avoid these HOA myths
There are HOA myths that are harmful. Here are some of the most common ones.Governing documents are boilerplate. Most HOA homebuyers read their purchase contract but ignore the CC&Rs, bylaws,...

HOA Homefront – What if we can’t fill enough board seats?
Q: I live in an association with several hundred where it is quite often difficult to fill our seven-member board. What would happen if only two people were on...