Liability

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§5805 - Limitation of Member Liability

  1. It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common area owned in tenancy-in-common if the association carries a certain level of prescribed insurance that covers a cause of action in tort.

§5800 - Limitation of Volunteer Officer or Director Liability

  1. A volunteer officer or volunteer director described in subdivision (e) of an association that manages a common interest development that is residential or mixed use, shall not be personally liable in excess of the coverage of insurance specified in paragraph (4) to any person who suffers injury, including, but not limited to, bodily injury, emotional distress, wrongful death, or property damage or loss as a result of the tortious act or omission of the volunteer officer or volunteer director if all of the following criteria are met:

§8338 - Membership List

  1. A membership list is a corporate asset. Without consent of the board a membership list or any part thereof may not be obtained or used by any person for any purpose not reasonably related to a member's interest as a member. Without limiting the generality of the foregoing, without the consent of the board a membership list or any part thereof may not be:

§22658 - Removal from Private Property

  1. The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:

AB 1726: Qualified Pool Operators

Author: Allen
Position: Oppose Unless Amended
Links: AB 1726 (As of 3/5/2012)

What Suspended Corporate Status Means for an HOA

"Suspended" HOAs can lose their ability to enforce contracts and collect delinquent assessments, and expose board members to lawsuits. Learn how to fix corporate suspension in California homeowners associations.

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.

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.

Smoking in HOAs: Conflict, Restrictions, & Liability

Many community associations face an increased number of complaints from non-smokers about their smoking neighbors and are being asked to take action. Some associations are responding to this increased regulation by adopting smoking restrictions, while others

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