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2017 Legislation - AB 690 - Management Conflicts of Interest

Requires a common interest development manager or a common interest development management firm to disclose specified information before entering into a management agreement. Requires a disclosure on whether the manager receives a certain referral fee for distributing required documents. Requires a specified annual budget report to contain specified information relating to charges for requesting copies of certain documents. Requires a manager or firm to facilitate the delivery of requested documents.

Drafting the Construction Contract for Your HOA

Man signing contract

11 Essential Clauses for Construction Contracts in HOAs

Board members should be aware of these key contract provisions to include in agreements between homeowners associations and contractors. These terms cover everything from liability to attorney's fees, and give the HOA legal advantages if a dispute, mediation, arbitration or lawsuit occur. Include these clauses to ensure your HOA doesn't

7 Common Mistakes in Approving HOA Contracts

Reviewing and accepting contracts is a regular and important requirement for homeowner associations  boards. However I see many boards that make mistakes in awarding contracts for work on association complexes. This article identifies some of the most common mistakes I see—and believe me, I see these every day.

Two Common Contract Clauses that Trap HOAs

Contract trapsManagement of condominiums requires HOAs to enter into a variety of contracts with different vendors and suppliers to provide essential services (laundry room facilities, landscape maintenance, etc.) to condominium residents. Your HOA board may sign these agreements for the condominium without thoroughly reading the legal terms governing the relationships, which may have just led your homeowners association to renew contracts with approval, limit service options, etc. 

§5215 - Association Records Inspection - Redaction

  1. Except as provided in subdivision (b), the association may withhold or redact information from the association records if any of the following are true:

§5200 - Record Inspection

For the purposes of this article, the following definitions shall apply:

§4935 - Executive Sessions

  1. The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments, as specified in Section 5665.

§4525 - Documents for Prospective Purchasers

  1. The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before the transfer of title or the execution of a real property sales contract, as defined in Section 2985:
    1. A copy of all governing documents. If the association is not incorporated, this shall include a statement in writing from an authorized representative of the association that the association is not incorporated.

§7233-Conflicts of Interest; Disclosure; Common Directorships; Just and Reasonable Contracts

(a) No contract or other transaction between a corporation and one or more of its directors, or between a corporation and any domestic or foreign corporation, firm or association in which one or more of its directors has a material financial interest, is either void or voidable because such director or directors or such other corporation, business corporation, firm or association are parties or because such director or directors are present at the meeting of the board or a committee thereof which authorizes, approves or ratifies the contract or transaction, if:

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