Adams Stirling PLC
  California's Leader in Community Association Law November 6, 2023

Artificial Turf. You recommended the installation of artificial turf wherever appropriate. Gov. Newsom signed a bill allowing local governments to ban synthetic grass due to potential health concerns. –Lorna L.

RESPONSE: I had to look it up. You're right, cities and counties now have the option of banning synthetic grass (SB 676). I did not find any language exempting associations. I can only conclude that the Legislature is schizophrenic. First they want everyone to install artificial turf and now they want to ban it because of potential health concerns. I found a companion bill that made a little more sense. The Legislature labeled water a health hazard because too many people drown each year. Beginning January 1, 2024, no one is allowed drink water, shower, or swim in it. According to health statistics, it will save over 600 lives a year in California. Finally, a bill I can get behind!

Show Your Face. In virtual meetings, must board members show their faces? I'm frustrated when it seems everyone "hides" on Zoom. -James E.

RESPONSE: There is nothing in the Davis-Stirling Act requiring board members show their faces in virtual meetings. Even so, directors should do so unless a good reason prevents them, such as
technical difficulties or sickness. Homeowners don't need to see each other but it should be standard practice that directors show their faces in meetings.

South Jersey. I live in South Jersey and I'm not sure the new laws apply to us. Just wondering if the AB are 'Assembly Bills' for California only. -Margaret T.

RESPONSE. The Assembly Bills I referenced are a product of California's Legislature in Sacramento. The new laws apply to California associations only. The volume of legislation Sacramento turns out each year makes them the McDonald's of legislatures. (McDonald's produces 75 hamburgers each second.)

Iffy Issues. A lot of “iffy” issues transpired the last few years with our current board. If new directors got on the board, would they be liable for things that happened under the old board? -Jolene P.

RESPONSE: New board members are not liable for the misdeeds of prior directors. However, the association itself could be liable. A new board should consult with legal counsel to see if any "iffy" policies adopted by the old board should be reversed or any actions corrected.

Term Limits. We have a board that took out term limits years ago, what can we do to get them reinstated? Does AB 1764 provide relief for us? –G.S.

RESPONSE: AB 1764 does not provide any relief. It only applies if you already have term limits in place. The membership will need to elect a new board willing to amend your bylaws to reestablish term limits.


We are pleased to announce that attorney Nicholas "Nick" Meerson joined our Firm.

Nick is a graduate of the University of Illinois College of Law where he was on Law Review and a member of the Real Estate Law Society and the Government Interest Law Association.

Prior to that, Nick earned a Bachelor of Arts from Macalester College in St. Paul, Minnesota with a double major in Political Science & International Studies. In his free time, Nick played Varsity Baseball and was named team MVP. Nick also studied abroad at King’s College London, School of Social Science and Public Policy (War Studies) before interning with the U.S. Senate Committee on Foreign Relations, Washington, D.C.

Before joining our firm, Nick practiced in boutique and mid-sized law firms, representing clients in commercial finance, business, professional liability, and real estate litigation matters. Nick joins our litigation team managed by Partner Jason Savlov. For more information about our legal services, contact us.

Valuable. Very valuable and interesting information. Thank you -Tom C.

No HOA. I no longer live in a HOA. I love it. Great newsletters! –Bill D.

Humor. Because some people don't like your humor, you should delete them from your mailing list and refund all the subscription fees they paid over the years. The refunds won't cost you a penny. -Lee M.

RESPONSE: Heavens, no. It's too much fun reading their comments.

Boards can contact us--we're friendly and our rates are competitive.

Adrian J. Adams, Esq.
Founder & Managing Partner
DISCLAIMER. Our newsletter provides commentary, not legal advice. Boards need to retain an attorney to review all the facts and give a legal opinion on the issues they face. We serve as corporate counsel to California associations only. Request a proposal to represent your association.

PAST NEWSLETTERS. Readers can find current and prior year newsletters posted here. Older newsletters are not posted since the information they contain can change over time with new statutes and case law. The website, however, is kept updated with current information which can be found via the "Index" or through our website's internal "Google Search" feature.

I join Adrian in inviting you to contact us for your association's legal needs.

Hon. Lawrence W. Stirling, Senior Partner and author of the Davis-Stirling Act

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