ECHO Journal Article Index

The chance of flooding in cities around San Francisco Bay is not just speculation. It has happened in the past and it will happen again. This article discusses what the consequences to CID associations may be.

The Davis-Stirling Common Interest Development Act has an awful lot of "dos and don'ts." What happens if a board doesn't comply with all these mandates? Will directors who do not comply be removed from office, fined, arrested, or put in jail? This article explores the issues.

Most successful businesses have embraced strategic planning. Since the benefits of developing a strategic plan are generally positive, why don't associations enthusiastically proceed along the same path? This article provides answers to this question and gives an overview of how to develop a plan.

Owners who get elected to a board so that they may further their own agenda have come to be known as "rogues," a term that brings back memories of the lovable rogues of Hollywood. Unfortunately, our modern day rogues have very little in common with these fond images. They are more like rogue waves-unpredictable and usually very disruptive.

Attorney Matt Malone discusses the legal effect of "as-is" clauses in defect claims. If your association is facing such a defect claim, you are ill advised simply to walk away without first consulting counsel to guide you through the challenges you might raise. You may find that it is not always clear what the meaning of "as is" actually is.

Bills of significant interest to association members and professionals in this legislative session, along with their current status, are discussed.

When we last left Sally, she was trying to figure a way out of certain disaster. About 2 years ago, Sally convinced the board to approve a competent inspection of the property. The engineer found damage that would have cost $3,000,000. Since then there has been not one piece of good news in this sordid saga. Read on to see what has happened.

Insuring a development involves elements similar to a survival kit. Just as you would pack a survival kit for you and your family, a community must also prepare for a loss by obtaining essential insurance coverage. In this article, learn about the coverage necessary to insure an HOA and at the very least know how to pack a survival kit.

Every association will face major reconstruction projects during the life of the development. The projects may be anticipated but also completely unanticipated and hence unreserved. This article offers insights on how an association can deal with this complex issue.

Board members who make a practice of replying to e-mail from members soon become inundated. This article lists some of the legal and practical problems with board member replies to e-mails from homeowners and suggests adopting rules to solve the problem.

Sooner or later every homeowner association is faced with the question of whether or not to amend its legal documents. This article offers some common questions and their answers concerning the whys, whens and hows of governing document amendment.

Selecting a bank for an association is just as important as choosing any other vendor and should be given careful consideration. Interest rates, charges and fees vary widely and can have a serious impact on the association's bottom line. Read this list of questions to ask during the selection process.

The 38th ECHO Annual Seminar is only a month away. Many exciting presentations and outstanding speakers are lined up for this year's event. Register now for California's largest CID conference.

Associations should enforce governing documents in a uniform and nondiscriminatory manner. But in certain cases, in order to meet the housing needs of the disabled, it is against both California and federal law to enforce governing documents. Attorney Jeff Barnett discusses proper adherence to these requirements.

Do you worry about liability when people who are not owners or residents use your property for recreation? In this article attorneys Sharon Pratt and Pat Wendleton offer good news that should put your mind at ease. The California Legislature has enacted statutes that give property owners immunity from liability.

The permit process is one of the most important parts of the construction process and the one often misunderstood. Contractor John Schneider describes the permit process and what associations should do about them.

Lead is a toxic metal that was used for many years in products found in and around our homes. Lead may cause a range of health effects, from behavioral problems and learning disabilities to seizures and death. This article identifies the regulations surrounding lead, and the options for abatement.

Money has been tight for the association for some time. If the association cannot pay its bills, why not simply declare bankruptcy? This article discusses the practical and legal reasons why associations almost never go into bankruptcy.

Financing for associations may be in serious jeopardy. Indeed, financing for owner-occupied real estate purchases or refinances is tighter than it has been in years. Because of recent changes in the FHA certification processes, condos are heavier hit than other common interest developments. Read this article to understand this situation better.

It is important to understand what the FHA is trying to accomplish to know why it has changed its lending requirements. Just like Fannie Mae, Freddie Mac or any mortgage lender, the FHA is required to assess risk in an effort to make lending or underwriting policy.

What is required for private property towing? This article assists you with investigating and selecting qualified private property towing companies. It describes the qualifications that need to be verified before allowing tow companies to provide private property towing services for a property.

The courts were busy with cases involving, or affecting, common interest developments last year. This article provides a brief synopsis of select published decisions from 2009 and major new laws passed by the California Legislature.

There are many misconceptions about stucco that can lead associations to make costly mistakes by replacing stucco. This article dispels the myths about stucco and makes the recommendation to repair stucco when problems appear.

Architectural review is serious business for an association board. When owners want to remodel or make additions to their property, how should the board approach the process? This article provides simple answers to this perplexing issue.

Regulations are limiting the amount of volatile organic compounds (VOCs) in paint. Lower VOCs is good for the environment, but this also means paints with reduced performance. The author discusses the issues regarding these new paints.

"Who Fixes What?" in a common interest development continues. In Part 2, you will find out how the Davis-Stirling Act, negligence and past practices affect the outcome of who fixes what, and how to set policy to avoid the disputes that commonly arise over such things as water leaks that involve both common area and individual units.

Many associations are establishing web sites and Internet bulletin boards. Although such tools may be useful, they present potential problems that directors and managers need to consider. This article discusses the legal issues related to whether an association can be held liable for the contents of the bulletin board and whether a board may censor postings and if so, whether the board could be held liable for such censorship.

A loan to fund major reconstruction projects is a viable method to help an HOA through a difficult financial situation. The loan will avoid the costly process of phasing a project and will preserve reserve funds already in place for other major projects or costly emergencies. This article discusses how to apply a team approach, including your property manager, construction consultant, banker and attorney, to the process of receiving a loan.

The East Bay Municipal Water District (EBMUD) has launched a new program with the goal of diminishing waste overflow into the Bay. This article describes the impact of that new program on affected multi-family dwellings.

Many associations now face an increased number of complaints from nonsmokers about their smoking neighbors and are being asked to take action. This article discusses association responsibilities and potential liabilities in relation to smoking within a common interest development.

One of the most important questions in a homeowner association is "who fixes what?" When these questions arise, do boards often just decide to sit down and figure it out? Or does there have to be a problem first? This two-part article will provide answers to board members and owners.

When there is war inside an association, there are usually several sides - owners, board of directors, management and, sometimes, lawyers. Each brings his or her unique perspective to the dispute, and each may distrust the views of the other. Attorney Tyler Berding discusses trust building in CIDs.

Roofing replacement and other waterproofing projects are generally the most costly projects faced by association boards, which need to avoid as many complications as possible. This article covers the ten biggest mistakes a board can make in initiating such projects.