homeowner associations: Homeowner Association Rules (Davis-Stirling Act) - A New iPhone App
- 05/16/10 11:59 AM
There's a great new app for the iPhone and iPad - The Davis-Stirling App. This app give instant access to the essential information contained in The Davis-Stirling Act which is that portion of the California Civil Code that governs condominium communities in California. The Davis-Stirling app is a must-have resource for condo homeowners, board members, property management companies and anyone involved in community associations. The app has been provided by Adams Kessler PLC, a Los Angeles based law firm that specializes in common interest development law. … (2 comments)
homeowner associations: Smoking on Balconies - The Homeowners had their say
- 07/23/09 08:34 AM
I recently posted a blog titled: "Smoking on Balconies - A Dilemma for Condo Owners" and received many interesting comments from both smokers and non smokers. Our all-important HOA meeting was held to discuss this issue. It appeared that most owners (even the non smokers) did not favor a formal ban on smoking on balconies as this seemed to be a draconian approach to the problem. What surprised most of us at the meeting was that neither the Board nor the Management Company had approached the offending smokers to discuss an amicable compromise. An interesting point concerning the HOA's liability arose. … (12 comments)
homeowner associations: Property Inspections - When an Inspector goes beyond the scope of his work
- 05/31/09 07:25 AM
I recently had a situation regarding a Property Inspection on a condo. The condo was built in the 1960's and had radiant heat installed in the ceiling. Over time, one of the owners had smoothed the ceilings and removed the "popcorn" acoustic ceiling. During this process the radiant heat was damaged and became non-functional. Replacement heating had never been installed to remedy this loss of a permanent heat source. During a recent property inspection, the inspector correctly brought this to my buyer's attention. When the buyer asked me how this could be remedied, I recommended that he call a heating specialist … (29 comments)
homeowner associations: PayYourRent.com - A new online resource
- 09/22/08 06:01 AM
I recently discovered a great new website that I think offers Realtors, buyers and sellers, as well as landlords and tenants convenience and efficiency: it's called PayYourRent.com. PayYourRentcom.com is a new online resource that allows tenants, property managers, and property owners to quickly and efficiently manage their rent payment and collection needs online. This new online business provides for online electronic check payments, the establishment of automatic monthly payments, online maintenance requests, and online utility connections. … (6 comments)
homeowner associations: Should a Director of a HOA Board sleep with the Property Manager?
- 09/21/08 05:21 AM
I subscribe to a weekly newsletter published by a Californian firm of attorneys (Adams Kessler) that specializes in Homeowner Associations and The Davis-Sterling Act. There was a question and answer in the latest newsletter that made me shake my head and think about how some people rationalize situations.
QUESTION: We have a female director who is sleeping with our manager. She goes on weekend jaunts and vacations with him. Our board president allows her to remain in executive sessions when we discuss problems with the manager. This has caused problems between the manager and board members who have been critical of the … (7 comments)
homeowner associations: HOA Board Meetings - Open Forum
- 09/08/08 01:41 AM
I read an interesting question on a recent Blog that I thought merits discussion: QUESTION: Our board requires that owners give their open forum topic one week in advance of the meeting, and then does not let them speak on any other issues. In other words, they have to give their topic before the board publishes its agenda. Can the board do this? Boards should not try to curtail comments or input from owners. This stringent requirement appears to be a tactic to limit participation by owners and could be contrary to the measures intended by the Davis-Stirling Act. In practice most Boards … (1 comments)
homeowner associations: Managing a Condo Homeowners Association - A Humorous Approach
- 08/12/08 04:03 AM
For anyone that has ever served as a Director on the Board of a Homeowowners Association you will know that managing the affairs of an HOA is not an easy task. Each Director has their own ideas and personal way of approaching matters and often different Directors have their own Agenda for what needs to happen. Individual personalities and experiences don't always make for an easy mix and often there are conflicts in management styles. While searching the internet I came across this "Management Flowchart" which adds a humurous approach and even in its joking way, does make a few good points … (8 comments)
homeowner associations: What to do about an unprofessional agent?
- 06/17/08 08:21 AM
I specialize in the Condo Market in Los Angeles, so I've become knowledgable about how Homeowners Associations operate. I also make it my responsibility to be as clued up as reasonably possible about the CC&R's and Rules and Regulations of the buildings and complexes in which I list and sell. Yesterday while showing a condo listing, I informed the agent and client that notwithstanding the fact that there were washer/dryer hook-ups in the condo, the CC&R's and R&R's specifically disallowed the use of washer/dryers in the individual units. The Buyer's Agent turned to the Buyer and said "No problem - just bring them … (18 comments)
homeowner associations: The Benefits of working with a Realtor when Buying or Selling a Condo
- 06/05/08 09:39 AM
I specialize in the Los Angeles Condo Market (and focus on West Hollywood Condos). My experience has undoubtedly confirmed that both Buyers and Sellers of condos are best served when using a Realtor. It is the responsibility of both the Listing and Selling Agent to know as much information as possible about the Condo Building and the Homeowner's Association (HOA) to which all owners belong. Specifically, the Realtor needs to be familiar with the CC&R's and Rules & Regulations governing that HOA. Obviously it is the ultimate responsibility of a prospective buyer to familiarize himself/herself with the details contained in these … (8 comments)
homeowner associations: Condo Homeowner Associations - Reserves, Insurance and Delinquencies
- 05/19/08 05:59 PM
CONDO HOMEOWNER ASSOCIATIONS: RESERVES, INSURANCE AND DELINQUENCIES Because of recent underwriting changes by Fannie Mae (the federally chartered company that buys home mortgages and sells them as securities), lenders are now required to examine an association's finances before making loans. For loan approval, Fannie Mae requires the following: - Delinquencies. No more than 15 percent of association's dues can be more than one month delinquent. - Insurance. The operating budget provides adequate funding for insurance deductibles. - Reserves. At least 10% of budget is allocated to funding reserves. - Renters. At least 51 percent of the total units in the … (0 comments)
homeowner associations: Condo HOA's Special Assessments
- 05/04/08 09:55 AM
Many Condo owners aren't sure how their HOA Board can impose Special Assessments. Boards are permitted to make Special Assessments on members up to 5% of the current year's budgeted gross expenses without the approval of the members. The 5% assessed is divided between the number of units in the condo building accordinging to the allocation schedule in the CC&R's. (Covenants, Conditions & Restrictions). Special Assessments over the 5% requires membership approval using the secret ballot method. … (3 comments)
homeowner associations: Davis-Stirling Act - Late Fees & Condo Homeowner Associations
- 05/02/08 05:23 PM
Davis-Stirling Act - As a Director on a Board of a Homeowner Association I am frequently asked about "delinquent assessments" and what the Board can do on behalf of the HOA to encourage prompt payment by its members. If an assessment is delinquent, the Association may recover all of the following: 1. A late charge not exceeding 10 percent of the delinquent assessment or $10.00, whichever is greater, unless the declaration specifies a late charge in a smaller amount. 2. Interest on all sums imposed in accordance with this section, including the delinquent assessments, 3. Reasonable attorneys' fees and costs incurred in … (2 comments)
homeowner associations: Davis-Stirling Act - Homeowner Association's Reserve Studies
- 04/29/08 03:57 AM
The Davis-Stirling Act - All Associations, regardless of size, are required to prepare a Reserve Study. (California Civil Code) There are two exceptions to the requirement: - No Common Areas. Reserve studies are not required if an association does not have common area components that require repair or replacement. - Commercial Developments. Commercial and industrial common interest developments are exempt from reserve requirements. I have been a Director of several Boards and was surprised to find that many Boards & Directors do not use a current Reserve Study to determine replacement expenditure and proper Reserve Funding. Do other Agents selling condos insist on a … (0 comments)
homeowner associations: Davis-Stirling Act - CC&R's, By Laws, Rules & Regulations for Condo Homeowner Associations
- 04/29/08 02:28 AM
Davis-Stirling Act - Agents and Buyers are urged to read and make enquiries about an HOA's CC&R's (Declaration of Covenants, Conditions & Restrictions), Bylaws and Rules & Regulations before removing contingencies in transactions. The HOA Documents - which are governed by The Davis-Stirling Act, part of the California Civil Code - control how the HOA operates and all information should be discovered BEFORE finalizing the transaction (Examples include restrictions on Pets, Remodeling, Moving-in and Moving-out deposits). … (0 comments)
There's a great new app for the iPhone and iPad - The Davis-Stirling App.
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