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2016 Legislation - AB 1963 - Construction Defect Claim Conditions

Existing law, the Davis-Stirling Common Interest Development Act, requires, until July 1, 2017, specified conditions to be met before an association may file a complaint for damages against a builder, developer, or general contractor of a common interest development based upon a claim for defects in the design or construction of the common interest development.

This bill would delete the inoperative and repeal dates and would, instead, make these provisions inoperative on July 1, 2024, and would repeal these provisions as of January 1, 2025, as specified.

2015 Legislation - AB 1152 - Limiting Construction Defect Lawsuits for HOAs

This bill narrows the options for HOAs seeking recovery for construction defects. ECHO opposes this bill. 

2015 Legislation - SB 244 - Mobilehome Parks' Right to Go to Court

Existing law treats legal actions regarding rule violations in mobilehome parks as limited civil cases. This bill seeks to extend the operations of this law indefinitely. 

We Won the Case: Now What?

From time to time, a community association is forced to sue a member who has violated the governing documents. Many times, these lawsuits are "settled" without trial. Sometimes however, a trial must be held to determine whether and to what extent the association can obtain enforcement of the architectural or other "use" provisions of the governing documents, especially the CC&Rs. This article addresses enforcement of judgments whether obtained by "default"—where the other party does not contest the lawsuit—or following a trial by jury or the court.

How to Fund a Lawsuit for Your HOA

The question of how a community association will pay for a lawsuit must be decided by the board when the need for litigation arises. Depending on whether the HOA is the defendant or pursuant in a lawsuit will often determine what financial sources the association can draw from. 

Receivership: What Happens When an Association Fails?

When HOAs are really struggling, members will occasionally look for an outside party to take over and correct the problem. In California, a "receiver" is that third party. Here are 6 things you need to know about receivership.

Why Do Boards Hide? Transparency Doesn't Bite

When Boards Hide, What Happens?

You Have Been Sued for Non-Compliance?!

Small Claims Courts have new authority to judge your conduct, scrutinize statutory compliance and to punish violators. At the same time you are learning the ins and outs of compliance, keep in mind that a disgruntled owner can have a judge second-guessing your actions within weeks of filing a complaint in Small Claims Court. Will you be ready to explain yourself when you are accused of wrong doing? As you go about the process of complying with the new laws, you should also consider creating a paper trail that can be used to explain and defend you actions.

When are HOAs Liable for Injuries to Strangers?

Boards often worry about liability stemming from uninvited strangers: hikers, skateboarding children, bicyclists, etc. Don't worry! California law provides broad immunity for property owners against lawsuits stemming from recreational uses of the land by the uninvited public.

When HOAs Must Break the Rules for Disabled Residents

Both Federal and California law require HOAs to consider special accommodations for people with disabilities, even if those accommodations would violate the governing documents. Get to know Fair Housing and ADA requirements.

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