the passage earlier this year of Senate Bill 918, associations must
annually provide written notice to the membership of their obligation to
provide the following information:
1. The address or addresses to which notices from the association are to be delivered.
2. An alternate or secondary address to which notices from the association are to be delivered.
3. The name and address of a legal representative who can be contacted in the event of the owner’s extended absence.
4. Whether the separate interest is owner-occupied, rented out, or vacant.
an owner fails to provide contact information, the property address
shall be deemed to be the address to which notices are to be delivered. (Civ. Code §4041.)
See sample form prepared by senior attorney Wayne Louvier.
ALONG THE COAST
is an online service that connects short-term renters (STRs) with
people who have rooms or homes to rent on a daily or weekly basis.
Hotels & Cities.
The site has grown spectacularly since its founding in 2008 so much so
that 50,000 renters per night are using Airbnb. This is costing hotels
$450 million per year, depriving cities of $226 million in tax revenues
per year, and removing tens of thousands of homes from the long-term
Impact on Associations.
HOA owners and investors have jumped into the lucrative market and are
using Airbnb to create a steady stream of weekend rentals in violation
of their CC&Rs. Such rentals significantly burden associations, some
of which resulted in litigation. The court of appeals recognized the
burden created by STRs:
Other problems include security breaches, vandalism, litter and higher maintenance costs.
short-term renters cost the Association more than long-term renters or
permanent residents is not only supported by the evidence but experience
and common sense places the matter beyond debate. Short-term renters
use the common facilities more intensely; they take more staff time in
giving directions and information and enforcing the rules; and they are
less careful in using the common facilities because they are not
concerned with the long-term consequences of abuse. (Watts v. Oak Shores.)
Typical CC&R Restrictions.
STR restrictions are understandable since associations are intended to
be stable communities with homeowners occupying units. To that end,
almost all CC&Rs prohibit STRs. They often contain language
prohibiting hotel-like use of residences as well as requirements that
rentals be for at least 30 days, six months or one year.
The enforcement of STR restrictions has taken a twist for associations
along the coast. The hyperactive California Coastal Commission has taken
steps to prevent associations from enforcing their CC&Rs by
threatening large, punitive fines.
The Coastal Commission argues that its heavy-handed approach increases the public's access to the water. My firm obtained documents from the Coastal Commission where they cite tenuous
authorizing language under the California Coastal Act for their
actions. We reviewed the law and flatly disagree with their
If your association gets a "cease and desist" letter from the
Commission, you should immediately contact legal counsel. If you have
questions about restricting short-term rentals, contact me.
Thank you to senior litigation attorney Ronald St. Marie for his research on this issue.
HIRING FOR OUR
I am looking for an attorney for my Los Angeles office to work as general counsel with community associations.
LOS ANGELES OFFICE
you have at least 5 years experience in litigation or real estate
transactional work and are interested in making a move, contact me at
800-464-2817 or by email.
Smoking Weed #1.
Your newsletter is right on about pot smoking in the common areas. We
follow your directions with our residents. We notify them, with a polite
letter, and then help them, if appropriate, to seal their front doors
so they can enjoy their pot without disturbing their neighbors or the
common area. Respecting their rights, as well as the rights of their
neighbors really works well. Excellent advice, as always. -Bill B.
Smoking Weed #2.
I don't like California's voter initiative ballot proposals. We pay
state legislators to make laws not poorly informed voters. The governor
of Colorado was quoted recently as saying that the marijuana initiative
in Colorado, which he supported, was one of the worst decisions he made
in his political career. I wonder if the people in this state will ever
wake up and smell the Folgers and cease acting as an ad hoc legislature.
Smoking Weed #3.
As attorneys you a great. As physicians you fail. For cancer patients,
among several terminal illness, Cannibus must be through oral
applications. Please stick to your specialties. -Don G.
RESPONSE: The next reader agrees with my diagnosis.
Smoking Weed #4.
Have to comment on your blurb about marijuana smoking. Most medicinal
users will not smoke marijuana. That is an old-fashioned concept. Today,
most doctors will prescribe pills containing isolated THC or recommend
using it in cookies or other bakery products. Seldom will you see
someone smoking medicinal pot in public areas. -Walter D.
Smoking Weed #5.
As a new owner and board member your newsletter has helped me
considerably. In our HOA we don’t have a problem with public smoking of
marijuana. However, we do have one owner who smokes it heavily in his
unit. He has been asked to smoke with his windows open so as not to
bother the other owners. We don’t know if he is complying with this
request or not but the hallway reeks with the smell of marijuana all day
long. Any suggestions? -Phil H.
RESPONSE: Residents have a right not to be assaulted by the smell of pot. You have a number of options, see controlling nuisance odors.
story about a condo president helping elect our next U.S President
brought a mix of responses. Half were happy and half not so. Following
is a sampling:
Once again your newsletter makes my Sunday morning. I especially liked
the story about how Trump found a condo executive to guide him into the
presidency. You are correct about the challenges of running an HOA. Ever
onward!!!! -William B.
President #2. “Thanks to her steady hand…” Seriously? Or satire? -Greg P.
If the President-Elect of the U.S. can be totally unqualified and
lacking in knowledge required to do the job, why should it be any
different for an HOA president? -Nancy K.
Loved the Kellyanne Conway story. Forwarded it to my brother who lives
in a small community in AZ. Thought he would enjoy the irony of the
story. -Judy B.
Adrian J. Adams, Esq.
ADAMS | STIRLING PLC
We are friendly lawyers. For quality legal service, boards should call (800) 464-2817 or email.