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Proactive Landscaping: Conducting a Walkthrough on Your Property

Lawnmower cutting grassRegular site walkthroughs with your landscape service providers are essential. Site walkthroughs help HOAs communicate their desires, stay informed about site issues, and be proactive and strategic in determining priority and action items. Walkthroughs also allow the service provider to be more attentive with constructive feedback, and let’s HOAs stretch their budget further with decisions based on current, detailed information.

Legal Obligations & Potential Liabilities of HOA Boards

Every person elected to serve on a homeowners association board of directors should understand the basic obligations and potential liabilities of the position.

Newly elected members should educate themselves about HOA board member responsibilities and obligations or risk legal exposure for both the HOA and individual directors.

Basic Fiduciary Obligations

Once elected to serve on a homeowners association board. a board director becomes a fiduciary. A fiduciary is a person legally entrusted with the care, protection and use of another's interest.

Help Manage Your HOA with a Maintenance Responsibility Chart

A maintenance responsibility chart can help your HOA establish consistency while reducing the need for lawyers to determine maintenance responsibilities in your community association. This chart lists each element that may require repair and designates a party responsible

2014 Legislation: AB 968 - Exclusive Use Common Area

ECHO is Sponsoring AB 968 on behalf of California HOAs. Unless your governing documents are very clear, the Davis-Stirling Act exposes associations and their members to expensive legal battles, major safety concerns, and confusion over the repair and replacement of exclusive use common area (EUCA). AB 968 improves the law, and benefits both individual owners and associations.

2013 Legislation: AB 637

This is an ECHO sponsored bill that establishes that the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to the separate interest unless otherwise provided for in the governing documents.

From the California Legislative Counsel's digest:

§4178 - Reserve Account Requirements

"Reserve account requirements" means the estimated funds that the board has determined are required to be available at a specified point in time to repair, replace, or restore those major components that the association is obligated to maintain.

HOA Maintenance Responsibility in Condominiums and Planned Unit Developments

If you find areas of your HOA's governing documents are unclear in assigning responsibility for certain building components, you are not alone.  Determining who pays for what maintenance or repair cost is one of the most confusing situations a homeowner association has to handle. In condominiums and planned unit developments, different area classifications and aged buildings (that require more than just reroofing and exterior paint) complicate matters even further. Where the lines are drawn between homeowner and HOA responsibility greatly depends on whether the development is a condominium or a planned unit development (PUD).


How to Determine Maintenance Responsibility in HOAs

Figuring out who pays for what in a HOA (the association or the homeowners) can be nothing but a headache. The best way to avoid these problems is to make sure the governing documents have clear provisions, discuss insurance options for individuals and the community association, and to act fairly while using common sense. Learn how to understand the law, manage your insurance, and determine maintenance responsibilities as a part of a community association.


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