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Articles
Wednesday, May 15, 2024
As many associations in California are approaching 50-plus years of existence, we are seeing CC&Rs begin to expire. If an association’s CC&Rs expire it can cause serious issues for the community and result in unbudgeted legal expenses to get the association back up and running properly.
Some CC&Rs provide for their expiration after a specific period of time, or by a specific date. Additionally, the CC&Rs may contain a provision for automatic renewal/extension following the termination date. This is the best-case scenario as it does not require the association to take any action to extend the term.Read more . . .
Wednesday, May 1, 2024
On January 1, 2024, the State Legislature enacted Senate Bill 71 (“SB 71”), which increased California’s jurisdictional limits for civil and small claims cases. These thresholds determine whether a case is filed as a “limited” civil case or “unlimited” civil case, or if it falls within the jurisdiction of the small claims court, based on the amount of damages the plaintiff is seeking.
Prior to SB 71, the jurisdictional limits were lower for both small claims and unlimited civil cases in California. SB 71 increases the jurisdictional limit for small claims from $10,000 to $12,500 for cases filed by individuals and $5,000 to $6,250 for corporations (such as homeowners associations). Furthermore, the amount in controversy for an action to be treated as a limited civil case has risen from $25,000 to $35,000.Read more . . .
Thursday, February 1, 2024
Recently the State scaled back water restrictions by allowing the emergency prohibition on wasteful water use to expire. However, this action did not erase the State Water Resource Control Board’s (“SWRCB”) water conservation efforts which remain in place. Accordingly, many of the restrictions on homeowners’ associations remain effective until June 5, 2024, unless the restrictions are readopted by SWRCB. Additionally, AB 1572 which was adopted by the legislature this year and scheduled to take effect in 2029, prohibits associations from using potable water to irrigate any non-functional turf.
Current SWRCB Restrictions
The current water conservation regulations distinguish between functional and non-functional turf.Read more . . .
Monday, January 15, 2024
On January 1, 2024, the State Legislature enacted Senate Bill 71 (“SB 71”), which increased California’s jurisdictional limits for civil and small claims cases. These thresholds determine whether a case is filed as a “limited” civil case or “unlimited” civil case, or if it falls within the jurisdiction of the small claims court, based on the amount of damages the plaintiff is seeking.
Prior to SB 71, the jurisdictional limits were lower for both small claims and unlimited civil cases in California. SB 71 increases the jurisdictional limit for small claims from $10,000 to $12,500 for cases filed by individuals and $5,000 to $6,250 for corporations (such as homeowners associations). Furthermore, the amount in controversy for an action to be treated as a limited civil case has risen from $25,000 to $35,000.Read more . . .
Monday, December 6, 2021
According to the American Veterinary Medical Association, approximately 48 million households own at least one dog. Other estimates go as high as sixty-eight percent (68%) of all American households. The Insurance Information Institute estimates that thirty percent (30%) of Americans adopted a pet during the pandemic. Wherever the final tally falls, pet ownership is clearly woven into the fabric of community association living—and so are pet restrictions.
Although pet restrictions, such as number and size limitations, are common and often considered a positive instrument to keep property values up, associations may have a legal duty to allow an owner to keep emotional support animals, even if in violation of the CC&Rs. Read more . . .
Monday, November 8, 2021
Board, managers and owners alike will recall back to 2020, when Senate Bill 323 (“SB 323”) shook up association elections by limiting the number and type of candidate qualifications that could be enforced. Under current law for example, directors and candidates must be members of the association. SB 323 also provided for just four (4) disqualifiers that an association could enforce, through their governing documents: a) the owner is delinquent, b) they’ve been an owner for just one (1) year, c) they’ve had a past criminal conviction that would impact the association’s fidelity bond coverage, and d) if elected, they would be serving on the board at the same time as another board member/candidate who holds a joint ownership interest in the same separate interest.
One seemingly unintended consequence of SB 323 was that it made term limits effectively, unenforceable. In other words, associations could no longer set or enforce a maximum number of sequential terms that any one person could serve on the board, through their governing documents. Read more . . .
Sunday, September 5, 2021
Beaumont Tashjian is pleased to announce that Kumar Raja, Esq. has joined the firm. Kumar S. Raja, Esq. is a senior associate at Beaumont Tashjian, where he primarily handles the Firm’s litigation and enforcement matters. He also provides general counsel services for the Firm's diverse community association clientele on a wide array of subjects, including risk management and corporate governance. His passion is developing creative solutions which foster community harmony. Board member education and support are cornerstones of Mr. Raja's practice. Mr. Raja has over 10 years of experience representing common interest developments. Mr. Raja holds a Bachelors of Arts degree in Economics from the University of California, Los Angeles (Dean's Honor List), where he wrote for the school's newspaper (Daily Bruin). At Loyola Law School in Los Angeles (J.D. 2002), Mr. Raja participated in the school's Scott Moot Court Program and completed externships at the LA City Attorney's Office and U.S. Bankruptcy Court (Hon. Kathleen March). Mr. Raja is a proud member of Community Associations Institute (CAI) and has been an invited guest speaker at state and local CACM and CAI chapters throughout the state. He is an award-winning author having written several articles on Covid-19 topics and new legislation affecting common interest developments. kraja@HOAattorneys.com | 866.788.9998 Read more . . .
Monday, August 2, 2021
The homelessness crisis in Los Angeles is impossible to ignore. While it seems that over the years, the crisis has become embedded into the fabric of the City’s culture, with encampments such as Skid Row becoming household names, legislators and local leaders have continued to grapple with solving, or at least mitigating exacerbation of the situation. It’s also no secret that this hot button issue has left community association boards and managers wondering, “What is the City doing to help?” This question is more relevant than ever, given the pandemic’s impact on homelessness over the last year alone. As of the date of this letter, the State of California reports the highest homeless population by far, according to the U.S. Read more . . .
Monday, July 5, 2021
As you may be aware, the Los Angeles City Planning Commission is currently considering two ordinances meant to protect the City’s ridgelines: (1) the Ridgeline Protection Ordinance (CPC-2021-3001-CA), and (2) the Zone Change Ordinance (CPC-2021-3059-ZC). If implemented, these proposed ordinances would create a two-step process whereby the City Planner would re-zone much of the area located East of Interstate 405 to Coldwater Canyon Drive between Mulholland Drive and Sunset Boulevard. The Ridgeline Protection Ordinance coupled with the Zone Change Ordinance establish a new district in the Los Angeles Municipal Code and are intended to address maintenance of the ridgelines within the city. In short, this ordinance will be used to re-zone the lots located closest to ridgelines, create two new zoning designations, RP1 and RP2, and implement development regulations to “preserve and protect” the ridgelines that surround the City of Los Angeles. If approved, future buildings would be required to follow strict guidelines for construction, improvements and development including height and grading restrictions on nearly all of the lots between Interstate 405 and Laurel Canyon. Read more . . .
Monday, June 7, 2021
As you have heard, effective June 15th, the State of California and Governor Newsom have confirmed that restrictions and protocols related to the pandemic have been lifted. This means that counties are no longer placed into “tiers” based upon their COVID-19 case rates and hospitalizations, and very limited mitigation measures are in place. Specifically, there are “no restrictions” for capacity or physical distancing, with respect to most venues. In other words, the association’s fitness center, clubhouse, swimming pool area, etc. may reopen fully, without limitations. Read more . . .
Monday, April 5, 2021
In this episode, Brittany A. Ketchum, Esq. was a guest on The HOA Show Podcast.
Read more . . .
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