HOA Homefront is a syndicated weekly column that educates the public on issues pertaining to California residents living in common interest developments, their boards of directors, and community association managers. HOA Homefront is published in over a dozen Southern California newspapers.
In the past few weeks, as the COVID-19 aka “coronavirus” proliferated globally, local, state, and some national governments have taken strong measures to ban groups from congregating and ordering non-essential businesses to close.
As a lawyer, I plead “guilty” to being persnickety (to use a Latin term) regarding the correct use of legal terms. In the world of common interest developments there are several commonly used terms which are inaccurate and create misunderstanding. Here are four of the “all-stars”.
Many talented successful people find themselves continually frustrated with volunteer service on their HOA board, and often are surprised to find themselves in conflict regarding their HOA service. This can be rooted in the failure to understand that HOAs run very differently than businesses, and some of the practices which bring career success are not what the HOA needs. Governing the HOA is very different than running a business
Senate Bill 323 took effect in January 2020, creating new procedural requirements for HOAs and also unintentionally creating many problems and unanswered questions.
The term “fiduciary duty” is often used, but with a misunderstanding of what it means. HOA Directors are considered “fiduciaries” because they care for the community’s property and finances and are therefore in a position of trust.
Our deck, which is the HOA’s responsibility, has been rotted and deemed dangerous to walk on for over two years. The association claims they are fixing the decks one by one as they get the money. We are finding it hard to rent the unit because of the unavailability of the deck. Does the association have to levy a special assessment, or do we just have to wait?