10-15. Join Attorney Alex Sohal as he presents Nuisances and Annoyances - When and How to Address Them to this year's virtual CAI Legal Forum, California Communities. Alex will help homeowner leaders and managers understand when an association is required to get involved in board-homeowner conflicts, and provide strategies needed to resolve issues before they escalate. Click here to learn more, and be sure to register by 9-17 to get a discounted rate!
10-13. This year's virtual CAI Legal Forum theme, California Communities, features multiple concurrent sessions that provide critical updates on important legal requirements that impact how you work and key legal developments that impact where you live. Partner Laurie S. Poole, CCAL, on a panel with Kendrah Kay, CAMEx, CMCA® and Robert M. DeNichilo, CCAL, will present Handling the Haters - Tackling Harassment and Defamation in Community Associations. More than ever, managers and boards are subjected to owners saying whatever they like, believing there are no consequences for their actions. In this interactive panel discussion, the panelists will help you understand when free speech becomes defamation and how to address these issues. Click here to learn more, and be sure to register by 9-17 to get a discounted rate!
9-23. Senior Attorney Robert Ward, joined by Jonathan Brothers, Principal Acoustic Consultant at Eilar Associates, Inc. will present Do You Hear what I Hear? to CAI San Diego's Mini Trade Show & Luncheon, on the Bayside Terrace at beautiful San Diego Mission Bay Resort. This is the Chapter's first in-person event of 2021. Rob and Jonathan will cover issues such as typical noise complaints, standards and testing methods for noise, legal requirements, and recommendations for conflict resolution. Click here for the event flyer and be sure to register early for what's sure to be a sold-out event!
9-15. Partner Laurie S. Poole, CCAL, was an instructor for the Maintenance, Contracts and Bidding session of CAI-San Diego’s newest educational opportunity – the first annual HOA Academy. Designed for homeowner volunteers of any level experience, the complimentary four-week virtual course, which began 9-8, teaches the fundamentals of five key areas of community association governance: legal, reserves, finance, insurance and maintenance, contracts and bidding. Participants are invited to enroll in the two remaining classes!
***CALL TO ACTION***
Make YOUR voice heard at the State Capitol and tell your Assembly Member to VOTE NO on SB 9, which allows for lot splits in single-family residential communities. Local governments support the building of planned developments (PD) because the association is responsible for the upkeep of essential infrastructure, like roads, lights, water and sewage. But because developments are designed to support the number of units in the initial local government-approved plans, lot splits will force many associations to upgrade this infrastructure at a time when they can least afford it.
SB 9 will be heard on the Assembly Floor soon. Click here NOW to let the Assembly know that local control and your residential communities matter to you. Read the full bill text here, and read more about the potential impacts of SB 9 on CLAC's Legislative Session Hot Bills page. Thank you for helping PROTECT local control and STOP unnecessary costs for homeowners!
8-20-21. Partner Laurie S. Poole, CCAL received the 2020 Author of the Year Award from Community Associations Institute (CAI). 2020 CAI President Ursula Burgess presented the award, a recognition honoring a volunteer who consistently provides extensive and timely editorial support and content expertise, at this year's CAI National Conference in Las Vegas. The award recognized Laurie and co-award recipient, Robert Diamond, CCAL, for leading a working group of community association lawyers to create Guiding Principles for Community Association Governing Documents - A Resource for Lawyers, a comprehensive document to assist attorneys in the process of drafting or amending governing provisions. Congratulations, Laurie and Robert!
8-26. Partner Wayne Louvier and Senior Attorney Jennie V. Park presented Part 2 of Angelo Termite Certification Academy's All about SB 326, aka Balcony Bill. The complimentary virtual event covered, among other topics, the minimum legal requirements of SB 326 for HOAs; penalties for non-compliance; and how to know the current condition of your properties before the required SB 326 inspection occurs. Community Managers earned 1 CEU from CAMICB/CAI.
8-24-21. Partner Laurie S. Poole, CCAL, was joined by Kendrah Kay, CAMEx, CMCA® and Robert M. DeNichilo, CCAL to present Dealing with Harassment & Defamation at CAI Orange County's August Educational Luncheon at the Irvine Marriott on Von Karman Avenue. The well-attended event drew more than 150 in--person participants.
8-20-21. ADAMS|STIRLING Partner Laurie S. Poole, CCAL, with Jeffrey E. Kaman, Esq., presented Hot Legal Topics to CAI's 2021 Annual Conference and Exposition: CommunityNOW in Las Vegas, NV. Laurie's session explored current legal trends facing community associations and what managers, board members, and attorneys need to know to help their community association clients navigate sensitive topics. This year's conference activities took place both in person, in the newly-opened 300,000-square-foot Caesars Forum Conference Center, and virtually, from August 18-20.
8-6-21. Just when we thought we were on the road to normalcy, the Delta Variant has knocked us back on our heels. In this new HOA Bulletin, Partner Laurie S. Poole, CCAL hosts a discussion with Senior Attorney Jason Savlov and Attorney Megan Hall, both of whom have closely tracked the always-evolving situation over the past 18 months, about the current guidance on COVID protocols.
7-28-21. Senior Attorney Rob Ward sits down with Partner Laurie S. Poole, CCAL in this new 6-minute HOA Bulletin to discuss what the tragic collapse of The Champlain Towers in Florida means for Boards in California. Rob uses his 20+ years of construction defect litigation experience to shed light on how long-deferred maintenance contributed to the disaster, existing California legislation aimed at preventing some similar types of neglect, and how boards might find inadequate reserve funding to be even more perilous following this catastrophe.
7-27-21. Founder and Managing Partner Adrian Adams participated in a panel discussion of collapse of the condominium highrise in Florida, joined by Robert Nordlund, PE, RS of Association Reserves; Tim Cline, CIRMS® of Cline Agency Insurance Brokers; and Kevin Davis of Kevin Davis Insurance Services. The two webinars, held at 11:00 a.m. and again at 1:30 p.m., drew an astonishing 900 participants. During the Q&A, people were most interested in the legal and insurance issues, such as, What potential liability does everyone face?, Will the Business Judgment Rule protect directors from personal liability?, What if there isn't enough insurance? (there isn’t), What happens if carriers place policy limits on the table and walk away? (they did), and What if major repairs need to be made and members refuse to approve a special assessment – what then? Click here to view the recording of this sobering and informative session!
7-20-21. Adrian Adams participated in a podcast with insurance specialist Tim Cline and construction specialist Dennis Brooks put on by The HOA Show. The topic was the Florida Condo Collapse and Liability Concerns.
7-19-21. Attorneys Nathan McGuire and Megan Hall report on new Cal-OSHA COVID requirements for HOA employees. This 6-minute Video Bulletin can be viewed here: Cal-OSHA COVID requirements.
Congratulations to Managing Partners Adrian Adams and Nathan McGuire, who were both selected as Super Lawyers for 2021. The honor is reserved for those lawyers who exhibit excellence in practice. Only 5% of attorneys in California receive this distinction.
6-16-21. We are pleased to introduce a new educational series of "live" videos called the HOA VIDEO BULLETIN.
The Bulletin will cover a wide range of topics, such as breaking news, trends in the industry, legislation, case law, and more.
Our Video Bulletins will feature our attorneys and special guests. They will then be published the same day through this newsletter, our website, social media, and our YouTube channel: HOA Legal Issues.
Our first HOA Video Bulletin, Reopening Without Tiers, covers California's June 15 loosening of COVID restrictions. Our Pandemic Edition features Partners Adrian Adams, Laurie Poole, and Nathan McGuire discussing restrictions that still apply to associations.
I am proud to announce that our Senior Partner, Larry Stirling, author of the Davis-Stirling Act, authored The Noblest Motive, a book about how to bring fundamental change for the public good.
In addition to the Davis Stirling Act, Larry created the well-known "Adopt a Highway" law, pioneered the first major 9-1-1 law, pushed through the first major whistleblower law, engineered California's first ocean fish hatchery to bring back our over-fished ocean stocks, pioneered the use of reclaimed water on our freeways, and made many other improvements in state and local government operations.
The book, available at Amazon.com, brings hope to those who have lost faith that trustworthy government is possible. -Adrian
5-26-21. We are proud to announce that the Davis-Stirling Research Website is now part of the revolutionary search engine accessFind. It's a consumer-centric, non-profit initiative built in partnership with leading disability-focused organizations, displays results of accessible websites. Because of this, our unique research offerings are more available to people with disabilities living in common-interest developments in California.
7-14-21. Senior Attorneys Wayne Louvier and Jennie V. Park provided an overview of SB 326 (aka the "Balcony Bill") at Angelo Termite Certification Academy Class entitled, Do You Know the Condition of Your Properties? The session covered issues such as knowing what structural damage you may already have BEFORE you get the required SB 326 inspection and avoiding change orders so the HOA doesn't face additional, unexpected costs for reconstruction projects. The complimentary luncheon event for OC Managers and board members, held at Coto De Caza Golf & Racquet Club, had a great turnout and featured live music and door prizes! The more than 50 attendees also earned 1 CEU from CAMICB/CAI.
6-29-21. Partner Nathan R. McGuire participated in The Manor Association’s Board Member Financial Workshop, hosted by Kristin Amarillas, CMCA®, AMS, PCAM® and CEO Brian Campisi. The program, which also featured speakers Bill Erlanger, CPA, of Levy, Erlanger & Company, and Orlando Montalvan, with Reserve Analysis Consulting, drew tremendous attendance from more than 100 board member registrants.
6-26-21. Partner Nathan McGuire, joined by an esteemed panel of other attorneys, presented ECHO’s 2021 Davis-Stirling Act Overview & Ask the Attorneys Q&A event, which covered the entire Davis-Stirling Act in chronological order by Chapter in an approximately three-hour program.
6-18-21. Attorneys Megan Hall and Alex Sohal presented Everyone's Favorite – Free Legal Advice!, CAI BayCen Chapter's panel discussion at its Virtual Ed Program. The program also featured Aaron Zimmerman and Andy Baugh of Berding|Weil; Alex Noland of Noland PC; Andrea O'Toole of O'Toole Law Firm; Edith Murphy and Melissa Bauman Ward of Hughes Gill Cochrane Tinetti P.C.; Jordan O'Brien and Anne Acuña of Angius & Terry, LLP; Kevin Mallett and Betty Jones of Russell & Mallett; and Cyrus Koochek and Stephen Brindle of SwedelsonGottlieb. Breakout rooms allowed as many of the 100 Community Manager and Homeowner Leader attendees to participate as possible, and they came armed with plenty of questions!
6-14-21. Founder and Managing Partner, Adrian Adams, was the guest speaker at the invitation-only Broker/Owner/Manager meeting hosted by Southland Regional Association of Realtors. Adrian addressed changes in the law affecting community associations, including rental caps and accessory dwelling units, as well as the effect rapidly escalating fire insurance premiums are having on the industry.
6-11-21. Adams|Stirling Senior Attorney Jamie Handrick was joined by Patrick Prendiville, CIRMS of Prendiville Insurance Agency to present Contracts – Should You Sign Them? to CAI San Diego Chapter's virtual Launch! Ignite Your Professional Development Educational Conference. They covered what to look for when reviewing vendor contracts and how associations can prevent disasters from happening. Attendees earned 2 CAMICB-approved CEUs.
Safely Reopen Facilities. Our Firm is conducting training sessions with management companies on how to safely reopen association facilities. To schedule in-house training of managers on this sensitive subject, contact Miranda Ward NorCal presentations and Candace Schwartz for SoCal.
6-5-21. Managing partner Adrian Adams was the guest speaker at Compass Realty. With more than 18,000 agents serving communities across the U.S., Compass is the country's largest independent real estate brokerage. Adrian spoke about changes in the law affecting community associations, including rental caps and accessory dwelling units. He also discussed the impact of skyrocketing fire insurance premiums on the industry.
6-4-21. Attorney Troy Kennedy was joined by Robert Grosse of Bergman Group and Sean Kargari with Association Reserves to present SB 326 Balcony Inspections to CACM. This sold-out event provided a lot of very important and pertinent information on the bill and helped clarify its impact for all in attendance. The 60 attendees earned 1 CEU, so if you were unable to participate, click here to be alerted as soon as a new course is scheduled!
5-26-21. Famed seismologist Dr. Lucy Jones (US Geological Survey and CalTech Seismologist), Adrian Adams (ADAMS | STIRLING), Jamie George (FirstService), and Zach Miller (LaBarre/Oksnee) discussed the impact of the next major earthquake on California's community associations, and insurance and legal options boards have available to them.
The program, California Shakin', began at noon, and all attendees received a $25 Amazon gift card!
5-21-21. Adrian Adams discussed SB 323's election requirements and their impact on associations at Desert Resort Management's Annual HOA Community Leadership Educational Symposium. This year's May 21 event featured many industry leaders.
And, in a 2021 twist, the virtual program was followed by an in-person Vendor Trade Show at DRM's Palm Desert location. There was a food truck, a beverage kiosk, and a really good band — and fun was had by all!
5-3-21. Partner Nathan McGuire and Attorney Megan Hall presented an educational seminar on safely reopening HOA amenities post-COVID to The Management Trust. The presentation, delivered to 140 attendees, covered a wide range of important concerns, from liability considerations to testing requirements and assessment relief. Through her work with Senior Attorney Jason Savlov researching and creating COVID‑19 Update tracking charts for the Davis-Stirling website for more than a year, Megan has become a leading expert on the constantly-evolving issues affecting California HOAs during the pandemic. Email us to discuss scheduling!
4-26-21. Governor Newsom issued Executive Order N‑25‑20, authorizing local legislative or state bodies to hold public meetings via teleconference, or otherwise electronically, during the COVID-19 panic. No such authority was extended to community associations, which are required to provide a physical location for board and member meetings under the Davis-Stirling Act.
SB 391 addresses this issue by allowing associations to conduct meetings via teleconference during a state of emergency and provides clear guidance to all associations during these uncertain times and in the future. Please click here to let your Senators know you support allowing community associations to conduct teleconference meetings during a state of emergency and help your neighbors avoid unnecessary risk when meeting in person simply isn't safe!
3-27-21. Partners Nathan McGuire and Laurie S. Poole, CCAL, presented Legislative Update - What's Happening in Law Law Land at ECHO's Saturday HOA Law Seminar. The past few years have resulted in significant legislative changes which require associations to take ACTION. This very educational event, from 8:00am - 1:30pm, featured experts from across the landscape of HOA law to get Board members and homeowners up to speed with the latest developments.
3-24-21. Attorneys Laurie S. Poole and Robert Diamond, co-chairs of CAI's College of Community Association Lawyers' (CCAL) Governing Principles Task Force, presented the live webinar, Guiding Principles: How the Right Governing Documents Can Improve Your Community. The session covered how Governing Documents, if drafted properly, can reduce conflict and allow board members to respond to issues as they arise. They described how to draft new documents and amend existing ones. Attendees not only earned one credit hour toward CMCA® recertification, or AMS® or PCAM® redesignation, they gave the webinar the highest rating of EXCELLENT!
3-11/12-21. Partner Laurie S. Poole, CCAL, presented New California Case Law from 2:15-3:30pm on 3‑12 at CACM's 2021 Law Seminar & Expo. Several hundred managers and industry partners joined a virtual community management safari to reconnect with colleagues, establish new business relationships, and ensure they're prepared to tackle the industry’s wildest, most beastly challenges. This Managers-only event offered earn up to 12 CEUs. Oh, and many stopped by the ADAMS | STIRLING "booth" (D43) to say hello to Rob Ward, Esq. and Southern California Client Relations Director Candace Schwartz!
UPDATED CALL TO ACTION!
3-2-21. Thank you to everyone who emailed their Representatives last week! Because of you, the pandemic relief package that includes the Homeowner Assistance Fund has now moved on to the Senate. This targeted, needs-based assistance for your neighbors and your community is vital to stop preventable foreclosures. Please click here to let your Senators know you support targeted, needs-based assistance to help your community association neighbors keep their homes.
2-19-21. Partner Laurie S. Poole, CCAL, and Nick Melloni, Assistant Planner at City of Palm Desert, presented ADUs: They Are Here to Stay at CAI Coachella Valley's February 2021 Educational Program & Mini Trade Show. Like it or not, Accessory Dwelling Units are here to stay, and associations may not prohibit or unreasonably restrict them. This program, which focused on ADUs in the Coachella Valley and best practices for communities to embrace them, covered topics such as "Reasonable" Restrictions, Insurance, Architectural Approvals, and Parking Enforcement. This very timely virtual event drew a crowd of 40+!
2-11-2021. CAI California North Chapter invited managers and homeowner leaders to join its Valentine’s Day Coffee Break, sponsored by ADAMS | STIRLING. Managers and Homeowner Leader attendees each received a $5 digital Starbucks gift card, and there was be a raffle prize at the end of the networking. Attendees report it was a fun event!
2-2-21. Partner Laurie S. Poole, CCAL, was joined by Brian Kalmenson, CIRMS, of Kirk Miller Insurance Agency, Inc., to present When — and When not — to Open an Insurance Claim, a webinar for the CAI San Diego Chapter. The session covered topics such as whether, when a homeowner's insurance company demands that the HOA open an insurance claim, the HOA has to comply. Managers and homeowners were able to attend the not-to-be-missed session for free.
1-27-21. Nancy I. Sidoruk completed a 2-year term of service on CAI’s National Case Law Update Team. Last year, their team analyzed nearly 300 cases nationwide involving community associations. Summaries are published in CAI’s Case Law Database, with key decisions presented at CCAL’s Law Seminar on January 26-27. Lawyers nationwide use the summaries for analytical guidance on case law trends.
For a list of county restrictions and health orders, see County Orders as of 6-11-21. To avoid potential liability, boards should carefully review them and consult legal counsel on how best to comply with health orders.
See our summary of New Laws & Cases for 2021.
1-25-21. Laurie S. Poole, CCAL, 2021 CCAL President-Elect, moderated an exclusive meet and greet, as CAI introduced the Women in Community Association Law Forum at CCAL's 2021 Community Association Virtual Law Seminar, held January 25-29. This networking event aimed to establish and facilitate connections between women attorneys specializing in the practice of common interest community law. The forum offered a place to exchange best practices, discuss industry developments and opportunities, and gain different perspectives. The inaugural forum shone the spotlight on amazing women in community association law, and generated great conversation and tremendous feedback.
1-10-21. We are pleased to introduce a series of animated 2‑minute videos on HOA management and law. These are produced in collaboration with the Cline Agency Insurance Brokers. Due to the pandemic's impact on association budgets, our first one is on Borrowing from Reserves to cover operational shortfalls. Watch our video and give us feedback.
1-1-21. Nathan McGuire was appointed by the Board of Trustees of the Community Associations Institute to serve a 2-year term on its Government & Public Affairs Committee.
The Committee provides oversight, support, and counsel in the development of public policy positions and model language on issues that affect community associations throughout the nation.
Laurie S. Poole, CCAL
, has been named President-Elect to CAI’s College of Community Association Lawyers (CCAL)
for 2021, and will serve as President for 2022. The College is the most prestigious designation and organization in the Community Association industry, with stringent criteria to even be considered for admission.
NEW CLIENTS IN JULY
NEW CLIENTS IN AUGUST
Vallejo Riverview Estates HOA
Gibson Station Townhouses HOA
3910 At the Beach HOA
Pixley Arms HOA
255-259 Clara Street HOA, Inc.
Aventine at Sweetwater Springs Community Assn
St. Paul's Commons HOA
Parker/MLK Condominiums HOA
Gramercy on the Park HOA
Bixby Manor HOA, Inc.
Autumn Hills HOA Number One
Desert Willows Property OA
Diamond Bar Villas, Inc.
Fairview Heights HOA
Idaho-West Townhomes Assn
Peppercorn Townhomes Assn
Rockview Heights OA
Solera at Apple Valley Community Assn
The Diplomat Condo Assn, Inc.
The Laguna Vista of Alameda
The Shaw Woods COA
University Square OA
Vista Bella Community Assn
Whittier Citigate HOA
NEW CLIENTS IN JUNE
NEW CLIENTS IN MAY
1400 Mission Street OA
Baypoint Condo Assn
Central Park of Fresno HOA Inc.
Claremont Stone Creek Community Assn
Cypress Plaza Condominiums HOA
Gold Ridge Forest Property OA
Harvest Park HOA
Las Flores Mesa Property OA
Presidio Neighborhood Assn
Quail Village Homes Assn, Inc.
Sandpiper Villas, Inc.
Shadow Glen HOA, Inc.
Showcase Villas OA No. 4
Summer Shore HOA
The El Oasis 514 at La Costa HOA
The Magnolias 37
The Townhomes of Union Place HOA
Trails Community Assn
Vista Bahia COA
Greenbrier Court OA
Four Hundred East Pedregosa OA
400 Grove Street OA
Westwood Acres Condos
Emerald Villas HOA
Park View Village COA
Parkside Property OA
Brush Creek Villas Assn
The Villa Colina HOA
NEW CLIENTS IN APRIL
1200 California Corp.
Amberwood Homes Community Assn
Cedar Grove Homes Assn
Grand Tree Park Maintenance Corp.
La Veta Monterey Condo Assn, Inc.
Lakeside Village Condo Assn, Inc.
Promontory Westbluff Skyline Estates HOA
Seacliff Park Residents Assn
Serrano Sircle HOA
Twin Springs HOA, Inc.
Villa Del Cerro HOA
Vista Tiburon HOA
NEW CLIENTS IN MARCH
Canyon Crest of Canyon Lakes Country Club HOA, Inc.
Dakota North Estates COA
Embarcadero West Condos Assn
Estates at Del Sur
Fifth Street Condo Assn
Los Compadres Estates Assn
Mira Bella at the Lake HOA
Panorama l HOA
Pismo Shores Estates HOA
Rancho Navarro Assn
Rancho San Clemente Business Park Community Assn
Rossmoor Chateau OA
Santa Ynez Condominium OA
The Heights at Loma Vista Community Assn
The Seville HOA
Villa Aspara Condo Assn
NEW CLIENTS IN FEBRUARY
Alta Vista Woods HOA
Casa Del Verde HOA
Fortune Business Ctr Assn
Four Seasons COA
Fresno County Tract No. 3987 OA
Gundry Townhomes HOA
Highland Park Condominium HOA Inc.
Humphrey Estates Assn
Ironwood Arms HOA
Library Court Community Assn
Ocean Air Long Beach OA, Inc.
Parkplace Condominium HOA
Parkview Terrace HOA
Promontory Neighborhood HOA
Rancho Dominiquez Community Assn
Riva Ridge HOA
Smoketree Orange HOA
The Heritage of Fresno HOA
Villas Mallorca HOA
Vista Del Gado, Ltd.
Walnut Creek Mutual Fifty-Five (Mutual 55)
Wrangler Court Property OA
NEW CLIENTS IN JANUARY
Artisan Square HOA
Corral de Tierra Villas & Club HOA
Crown Chateau Condominium
La Bonne Vie HOA
Lake Pillsbury POA
Palos Verdes Homes Assn
Pine Mountain Lake Assn
Sheridan Commons HOA
The Tiffany Towers Assn
Third Street East, Inc.
Tract No. 3784 Assn
Walnut Woods HOA
WELCOME. We welcome each of our new clients and look forward to working with each of them.
Our Goal: To develop community leaders by providing consumer education, training, and legal services for commercial, mixed-use, and residential community associations.
Contact us for a proposal. We have ten offices around the state. To find one close to you, see our interactive map in the next column!
See KUDOS & AWARDS
for the website and
We offer a full range of legal services for commercial, residential, and mixed-use common interest developments throughout California.
Contact us for more information.