
Contributing Columnist
Kelly G. Richardson
Kelly G. Richardson CCAL is a Fellow of the College of Community Association Lawyers and a Principal of Richardson Ober LLP, a California law firm known for community association advice. Send questions to [email protected].
All Stories

Quite recently two of the largest residential property insurance companies announced major cutbacks in California. State Farm announced it had stopped accepting applications for any California insurance policies, and Allstate...

HOA Homefront – Should we hire one of our for work?
Q: Three of the of our HOA board are employed directly or through service contracts with the master community company. They hold the top offices, including president, in the...

HOA Homefront – What if our reserves are zero?
Q: What happens if the reserves go to zero? What is insolvency? B.E., TarzanaA: HOAs that fail to set aside money in their reserve fund are progressively falling into an...

HOA Homefront – Is your association governance balanced?
The ancient Chinese concept of yin and yang deals with opposite and inseparable forces. Common interest developments (“homeowner associations”) have their own “yin and yang” issues, in which four basic...

HOA Homefront – Be prepared for the possibility of election by acclamation
Last year, HOAs received a very helpful new tool with the enactment of Civil Code Section 5103 — election by acclamation. This allows HOAs to cancel their balloting and declare...

HOA Homefront – No billing statements; board changes collection rules
Q: We recently purchased a unit in a small development that does not send out monthly statements. I find this rather strange as they sent me a letter saying that...

HOA Homefront – How do we handle delinquent and delinquent directors?
Q: What can be done to a person who refuses to pay their dues? A.M., Torrance.A: While an unpleasant task, collecting past due assessments from is a very important...

HOA Homefront – Reader questions: HOA failed me: Must I pay assessments?
Q: When is it legal not to pay HOA dues/fees because an HOA is not fulfilling its duties? I've had emergency leaks and made calls and sent e-mails that they...

HOA Homefront – Four pending bills would have bad effect on HOAs
The Legislature is active this year regarding HOAs, and eight bills may significantly affect California associations. Last week’s column discussed four helpful bills. Unfortunately, the four bills discussed below have...

HOA Homefront – Already an active Legislative year for HOAs
After a few quiet years in Sacramento regarding HOAs, California’s legislature is quite active this year with at least eight bills proposing to affect HOAs in 2024. Four are helpful...

HOA Homefront – The HOA is not working with me on solar
Q. I have been trying to get solar s installed on my shared roof, which is maintained by the HOA. The CCRs state that the HOA can ask for removal...

HOA Homefront – Solar for our whole HOA?
Q: We are a small HOA. We are debating going community solar contract vs individual solar installation contracts and looking for information to help us with the pros and cons...

HOA Homefront – How does somebody become HOA manager?
Q: What are the legal qualifications and California requirements to be a property management company or manager for homeowners associations?If an association changes its management company, does it have an...

HOA Homefront – Tips before the balcony inspection deadline
On June 16, 2015, a fifth-floor balcony at a Berkeley apartment building collapsed, killing seven people, allegedly due to weakening by severe dry rot. Three years later, the state of...

HOA Homefront – Getting board meetings in order
Unruly board meetings may be the most discouraging part of HOA living. Mature homeowners avoid such meetings, managers fear such meetings, and directors cannot even discuss the agenda without interruptions....

HOA Homefront – Nine myths regarding member discipline
One unpleasant but necessary aspect of association board service is imposing discipline in response to un-neighborly behavior by . Here are nine myths regarding HOA discipline.Myth #1: HOAs can impose...

HOA Homefront – President imposes additional discipline
Q: I had a hearing regarding a rules violation. I thought it was unfair and asked for an internal dispute resolution (“IDR”) meeting. My punishment from the board was a...

HOA Homefront – HOAs have election questions
Q. No one on our HOA board has been elected and they all remain on by default year after year. We never meet quorum. I suspect foul play and would...

HOA Homefront – The misunderstood ‘exclusive use common area’
The typical condominium project consists of three categories of property — the “separate interest” (normally called the “unit”), the “common area”, and a subset of common area called “exclusive use...

HOA Homefront – HOAs still refusing to meet in person
Q: It seems our HOA is hiding behind an overused COVID excuse to hold their meetings virtually. Is there currently a requirement for these meetings to be exclusively virtual? Has...

HOA Homefront – Delinquent, special, and emergency assessments
Q: Is an HOA allowed to announce the names of owners who have not paid their dues?K.G., InglewoodA.: I generally recommend against a “delinquent list” being published that announces the...

HOA Homefront – Can we elect directors by acclamation?
Q: Our HOA has board elections coming up soon. We have two vacancies, and two candidates who have formally applied to run. My question is: why can't we just declare...

HOA Homefront – New Year’s resolutions of HOA service providers
This is the fourth and final installment of this series, which previously addressed directors, homeowners, and managers.As the association’s service provider, I resolve to: Number One:1. Follow the Golden Rule....

HOA Homefront – HOA managers’ New Year’s resolutions
After previous columns proposing resolutions for directors and HOA , here are ideas for managers. Next week — service providers.As a community association manager, I resolve to:Number One:1. Follow the...

HOA Homefront – New Year Resolutions for HOA
(Part 1: Resolutions for HOA directors).Second article in a four-part series.I, the HOA member, resolve to:Number One:1. Follow the Golden Rule. (paraphrase: “Treat others as you would like to be...

HOA Homefront – New Year resolutions for HOA directors
When starting the new year with commitments to improve, maybe your homeowners association could also benefit. This four-part series proposes resolutions for association directors, homeowners, managers and service providers.As an...

HOA Homefront – Finding peace in your HOA
The holiday season is upon us, and a traditional wish is for peace and goodwill. Let’s not only extend this wish to family and friends, but pursue “peace on earth...

Las HOA tienen que cumplir con los propietarios. Aqui hay algunas de sus responsabilidades
Ser propietario de una casa implica tener que hacer frente a gastos imprevistos de vez en cuando. Hace poco, no tenía previsto que se rompiera una tubería principal de agua,...

HOA Homefront – But we can’t afford it!
Homeownership entails dealing with occasional unanticipated expenses. Recently, I didn’t plan on a main water line breaking, but it happened. Days (and much money later), the problem was resolved. I...

HOA Homefront: Our manager is controlling us, and what is ‘four days’ notice
Q: I live in a relatively new development. Until a few months ago, the builder had control of the board. We had elections and now have resident board . We...

HOA Homefront – They aren’t paying their dues!
Q: A neighbor bought a condo and rents it out, but has not paid ANY HOA fees for over two years! When she is ed about the past due fees,...

HOA Homefront – Are board meetings properly open?
Q: Our HOA continues to have meetings without posting a proper notice, no agenda. The directors receive an agenda, but the do not. Is this considered an illegal meeting?...

HOA Homefront – Reader Questions – Who s the Attorney?
Q: Several years ago the board asked for an explanation regarding our Declaration. The board wanted to know its authority regarding certain issues within the development. The association's attorney did...

HOA Homefront – Reader Questions: ‘Tis the season – for signs
Q: I am currently disagreeing with my HOA regarding political signs. I still have a small sign in my front yard. The HOA board inserted a new rule section referencing...

HOA Homefront: If quorum fails, election fails
Q: Our HOA had an election for two board seats, there were three candidates. Not enough ballots were returned to make quorum. The quorum percentage decreased over the next few...

HOA Homefront – Readers say termites are bugging them
Q: Our small HOA has shared-wall units with varying degrees of termite infestation, and owners are demanding that the HOA treat the problem. However, our CC&Rs make no mention of...

HOA Homefront – Know your governing documents
Governing documents are critical for HOA communities and are the legal glue holding the association together. Civil Code Section 4150 defines “governing documents” as articles of incorporation, CC&Rs, bylaws, and...

HOA Homefront – New laws coming for HOAs in 2023
While 2021 was a banner year for positive HOA legislation, 2022 turned out to be less helpful in Sacramento for California HOAs. While many bills were introduced this year, only...

HOA Homefront – Why can’t we attend board meetings?
Q: Outside the regularly scheduled board meeting, the directors are meeting to review and accept the treasurer’s developed budget. Can association attend as observers only? What is the law...

HOA Homefront – Who does the HOA attorney represent?
Q: Does the HOA attorney represent the board or the HOA? If there is a conflict in different CC&Rs sections regarding HOA or homeowner's responsibility to maintain an item and...

HOA Homefront – What is your HOA technology score?
Technology continues to scream forward at an amazing pace – is your HOA keeping up and using technology for maximum benefit to your ? How does your HOA rate?Websites: Websites...

HOA Homefront – Year-end planning: Is your HOA issuing both annual disclosure packets?
One of the many improvements made by the Legislature in 2012 to the Davis-Stirling Act was to group a variety of required disclosures into two very important disclosure packets —...

HOA Homefront – Zooming in on virtual meetings
Q: During the COVID shutdown, the board used Zoom to hold meetings. Now that we are able to have in-person board meetings, we have the following situation. If the board...

HOA Homefront – The HOA President is leader (but not the boss)
If the HOA president role is misunderstood, the result can be very serious board dysfunction, as well as stress and risk for the president.First, it is critical to understand that...

HOA Homefront – President wears too many hats and other problems
Q. The president of our homeowner association decided she was overwhelmed with responsibilities and there was a need for a paid on-site manager. There was no mention, notification or discussion...

HOA Homefront – Problems with presidents
Q. Word has it that our association president has not paid association dues since the beginning of the pandemic. How can I find out if the president is not current?...

HOA Homefront – Reader Questions: HOA insolvent? A board changing assessment allocations
Q: Our HOA has suspended reserve deposits, borrowed from reserves without disclosing to the full borrowed amount or the repayment plan, and not repaid borrowed funds within the required...

HOA Homefront – Reader Questions: Rising HOA insurance rates and broker advice
Q: Our community’s liability insurance policies are up for renewal soon. Some neighboring associations are reporting ten-fold increases in fire insurance s due to brushfire proximity concerns. Even though our...

HOA Homefront – Establish standards for HOA meetings with meeting rules
Along with the property’s overall condition, another positive initial impression upon new can be board meetings which are effective, positive, and orderly. However, how does a new owner or...

HOA Homefront – Reasonable rules aren’t automatic
One important board responsibility is to adopt and enforce community rules. Developers provide CC&Rs and Bylaws (usually fairly boilerplate) when creating HOAs but do not typically create operating rules. So,...

HOA Homefront – Does your HOA have all five of the required rule sets?
Operating rules are often called “house rules” or “rules and regulations” by associations in California. Rules are modified by HOA Boards under Civil Code Section 4340, and under Civil Code...

HOA Homefront – The rules on rule changes
Good community rules and regulations (“operating rules,” per Civil Code 4340) help set standards and encourage neighborly conduct. However, good rules also must be enforceable and associations must follow a...

HOA Homefront – Reader questions about solar installations
Q: I live in a planned development and was told we could not install solar because it would void our roof warranties. Can our management company ban installation of solar...

HOA Homefront – Have a policy regarding solar energy installations
As the cost of energy escalates seemingly weekly, an increasing number of HOA homeowners want to install photovoltaic systems on roofs. Here are some key considerations for boards to consider.Is...

HOA Homefront – Can an HOA ban solar installations?
Q: Can an HOA prevent us from placing solar s on the roof of our townhome? We are in an older condominium association and the roofs are hard, flat shingles...

HOA Homefront – Is there double jeopardy in HOAs?
Q: If HOA failed to send letter to homeowner within 15 days as required by Civil Code 5855, may the HOA simply ignore that and hold another meeting or as...

HOA Homefront – The drought emergency returned. Did your HOA notice?
California has experienced many drought periods, but in January 2014 the drought situation became sufficiently severe that then-Gov. Jerry Brown declared a state of drought emergency. Soon thereafter, several laws...

HOA Homefront – Free speech; flyers and flags
Q: Under Civil Code 4515, are homeowners allowed to post community gathering notices near the mailboxes or on the mailboxes if they are not blocking association notices? The board removed...

HOA Homefront – Time is almost up to remove illegal rental restrictions
The first version of Civil Code Section 4741, banning "unreasonable” rental restrictions, became law in 2021, and also originally required HOAs to amend their governing documents to remove such provisions...

HOA Homefront – Reader Questions: CC&Rs expired, and ignored
Q: I am looking into purchasing a property with three freestanding units and a small amount of common space used as a walking area to get from the street to...

HOA Homefront – Is this manager qualified?
After selecting the desired type of management services, how can one evaluate a manager’s qualifications?California HOA managers are unregulated, with no required license or minimum education. Rental managers must have...

HOA Homefront – Selecting management: The contract
After selecting a HOA management service type and candidate firm, carefully consider the proposed management contract.Price is NOT everything:Hiring a management firm solely on price is a mistake. Associations may...

HOA Homefront – Which type of management Is best for your HOA?
Determining which type of management services is best for the HOA is a very important HOA board decision. Even the smallest associations need some form of professional management.What is a...

HOA Homefront – Who is watching out for HOAs?
Q: Thanks for your recent informative column pertaining to new state laws pertaining to HOAs. I would never say that the state should stay out of HOA business completely. I...

HOA Homefront: Who is responsible for repairs?
Q: I’m in a dispute with my association. The doors facing the outside of my condo (original doors) have extensive dry rot. I say this is the responsibility of the...

HOA Homefront – hip quorum is important and attainable
Some of the most important HOA decisions must be made by hip vote, but many associations cannot make those decisions because they fail to attain quorum. “Quorum” is the minimum...

HOA Homefront – Board amending CC&Rs and bylaws?
CC&Rs and bylaws are governing documents that normally can only be amended by a vote of the HOA hip. However, there are some narrow circumstances under the Davis-Stirling Common Interest...

HOA Homefront – Automatic election rules, no ballot box and term limits
Q: Our board approved the old version of the bill SB323 "as is" to replace our current election rules. Recently we had our annual election that was voided due to...

HOA Homefront – Election by acclamation, self-campaigning and cumulative voting
Q: Starting in 2022, all HOAs have the option of utilizing the acclamation procedures in Civil Code §5103 when “the number of qualified candidates is not more than the number...

HOA Homefront – A law that came too late
During the onset of the COVID-19 pandemic, HOAs were presented with a conundrum: Local health authorities prohibited gatherings of more than a few unrelated persons; however, HOA boards were required...

HOA Homefront – Reader Questions: Director proxies, bare minutes and election challenges
Q: One of our board sometimes is not available to attend meetings either in person or telephonically and has asked if he could submit a written approve or disapprove...

HOA Homefront – HOA allowing volunteer labor?
Q: We're a small association, so even the idea of boards and directors is beyond what we could hope to have. We barely had three volunteers for the last election,...

HOA Homefront – An election tie and another has no elections
Q: We had an election where three people ran for two positions and the second and third place vote-getters tied. Without giving an explanation or detailed procedure they stated that...

HOA Homefront – Reader Questions – Is Open Forum Truly Open?
Q: Recently an owner had a matter which she wanted to bring up during the “Homeowner’s Forum,” but she could not attend. She sent an email to the association delegating...

HOA Homefront – Tips before starting major repairs
One of the greatest challenges HOAs periodically face is major reconstruction. Whether a new roof, balcony rehabilitation or other major repairs, the typical volunteer board and professional manager are not...

HOA Homefront – Celebrating Column #600
I’m excited to share the 600th column since HOA Homefront inaugurated in March 2005. Except for a hiatus in 2010 and 2011, the column has been published continually for 17...

HOA Homefront: Open forum important part of meeting
Q: What are the HOA manager and board responsibilities for homeowners’ portion of the board meeting? Presently, virtual sessions are done with requests via email. Our manager crafted defensive aggressive...

HOA Homefront – Plenty New in 2022
Many laws are changing for California HOAs this year, and here is a recap of the most important changes.Longer deadline for petitioned hip meeting. If at least 5 percent of...

HOA Homefront – Reader Questions: Improperly posted agendas
Q: Before our monthly board meetings, agendas are provided to each owner the week before the meeting. Occasionally the board schedules a special open meeting. We know that agenda notification...

HOA Homefront – What managers want for the holidays
As we give gifts to loved ones and friends during the holiday season, most HOA probably don’t consider giving to their community manager — the person who gets the...

HOA Homefront: Returning to HOA normalcy
While the world still struggles with pandemic, we yearn for a return to normalcy. In many places this has already occurred, while in other places it is still under way.However,...

HOA Homefront – How should we invest HOA funds?
Q: HOAs face a financial issue with interest rates so low. My HOA and the vast majority of other HOAs play it safe with CDs and money market s for...

HOA Homefront – Who fixes roofs and pipes?
Q: Our condo roofs will need replacement soon and there are inadequate reserves. The board had a hip vote on two choices: Increase monthly dues for some years or have...

HOA Homefront – Reader Questions: Do we have term limits?
Q: Could you elaborate on the newly signed into law "term limits?" We have a 5-member board and 3 have served many years. If they are termed out we...

HOA Homefront: No minutes; no election; no eligibility?
Q: I’m concerned about my board no longer publishing minutes of their open meetings. I’ve asked for minutes for six months now, and the board doesn’t even bother replying to...

HOA Homefront – Are we required to rebuild our balconies?
Q: Our HOA is claiming that 2019’s SB 326 ("Balcony Law") adds to the Davis-Stirling Act and requires the homeowners to retrofit our balcony railings to current building code requirements....

HOA Homefront – Major housing reforms and dismantling HOAs
In recent years, the governor and Legislature have made increasing California’s housing supply a high priority. This year saw several major bills signed into law, easing the creation of further...

HOA Homefront – New laws for 2022: Good changes coming
2021 was the most positive legislative year for California HOAs in a very long time. This column summarizes four helpful changes to California law, one which is already in effect.Senate...

HOA Homefront – New laws approved for 2022: Changes in HOA elections (again)
The 2021 Legislative season in California has ended, and five good HOA bills (a record in recent decades) are becoming law.Assembly Bill 1101, AB 502, Senate Bill 391, SB 392,...

HOA Homefront – HOAs can meet purely virtually during emergency
Q: With the governor's executive orders on COVID rescinded in June, is there anything preventing boards from conducting in-person meetings again? The want an open annual meeting, but the...

HOA Homefront – Roles and boundaries of HOA team
For many years, advising associations was at times very stressful, as boards would sometimes disregard my best advice for them. However, a defining moment in my HOA law career was...

HOA Homefront – Posting meeting agendas proper protocol
Q: What, if any, significance is there when a board fails to comply to post an agenda four days prior to a board meeting. Is the only recourse to elect...

HOA Homefront – Are term limits illegal, and who advocates for HOAs?
Q: With the new election law (effective 1/1/20) removing term limits for board , does this mean the HOA no longer has to hold annual elections or send out candidate...

HOA Homefront – Buying into a HOA? Read this first
When buying property in a common interest development (“HOA”), one automatically becomes a member. Here are 14 items to consider before closing escrow:Read the CC&Rs. CC&Rs (Covenants, Conditions & Restrictions)...

HOA Homefront – Does your HOA have these disclosures ready for buyers?
California Civil Code Section 4525 requires specific important disclosures be provided to upon request, to give to prospective buyers. Well-run HOAs should have these many disclosures readily available. Here...

HOA Homefront: Can we meet completely virtually?
Q: Is it permissible for the board to be virtual? That is, do we need to physically be together, or can we be virtual? Our homeowners association is less than...

HOA Homefront – Reader Questions: My peeping doorbell camera, and where is MY parking space?
Q: Because of the type of work I do at home, I was required to install a security system in my condominium, including a front-door camera. My neighbor across the...

HOA Homefront – Why aren’t CC&Rs online?
Q: In our recent HOA meeting, one question raised was, “Why isn’t our CC&Rs on the HOA’s website?” The answer from our manager was, “Someone could hack into our website...

HOA Homefront – Minutes: If it isn’t there, it didn’t happen
When a corporation acts, its minutes document and prove that it acted. If the minutes do not record that the board of directors by majority vote approved a decision, it...

Avoid overuse of closed sessions
Perhaps the most frequently abused HOA governance tool is the closed session. Boards justify overuse of closed sessions for various reasons, such as that their open meetings are too raucous...