Adams Stirling PLC
  California's Leader in Community Association Law February 25, 2022

Our updated Election Timeline Calculator is now active. It includes all the new requirements for elections by acclamation.

Thanks to the consumer advocacy of CAI-CLAC, associations can save their members money by declaring the outcome of uncontested elections without the need for costly balloting.

To assist with calculating dates needed for elections by acclamation, use our Election Timeline Calculator.
For a description of the process, see Uncontested Elections on our website.

NOTE: Many thanks to our Partner, Wayne Louvier, for his work on the calculator. 

QUESTION: We have a unit in escrow. I was told yesterday by the seller that he is having trouble getting qualified buyers (4 fell through) because a condo can no longer get loans due to the disaster in Florida. We are in California. What are the changes on lending for condominiums? Trying to understand and get clarification. –Hylon K.

ANSWER: The timing of your question is good. Fannie Mae and Freddie Mac adopted strict new standards for banks making loans to condominiums and co-ops. The lender questionnaire that associations are being asked to complete have spooked boards and management companies alike.

Laurie Poole, CCAL, President of the College of Community Association Lawyers, Nathan McGuire, CCAL, former Chair of the California Legislative Action Committee, and I will discuss the new questionnaire, its impact on lending, and whether boards should answer the confusing questions regarding deferred maintenance, unsafe conditions, inspections, special assessments, and reserves.

Close to 600 have already registered for the webinar. If you want to attend, registration information is below.
Webinar:  New Lender Questionnaire
Date:        Wednesday, March 2, 2022
Time:        Noon to 1 p.m. including time for questions
RSVP:       Click here to register

Next in our series of 2‑Minute Videos, we describe how associations can reduce costs by simplifying their elections.

The video explains how associations can achieve quorum without multiple meetings and how to avoid complicated balloting.

  Watch: How to Simplify Elections


Informative. Thank you for your newsletters. I always find them informative. –Jeff V.

Valuable Insights. I enjoy your newsletter and want to thank you for the valuable information and insights. -Nancy A.

A Challenge. I have to challenge your assertion that the apostrophe is incorrect in CC&R’s. It is the plural of R, which is R’s, by my grammar sources. As would be misleading, if it were the plural of A. A’s, as in “A’s, B’s, and C’s,” is unambiguous. That’s just for fun, by the way. I appreciate the lawyerly advice. -Rick R.

RESPONSE: Hmmm. I use The Chicago Manual of Style, 17th Edition. You will have to send me your grammar source.

Grammar and Punctuation. Thanks for the very useful information on grammar and punctuation in the most recent newsletter. I worked as a writer and editor most of my life so it's always refreshing when organizations, especially organizations full of lawyers, set the record straight. It got me thinking about my time on the board of our association, which occurred alongside the service of a long time board member who was an absolute stickler for both rules and writing. That person no longer serves on our board, nor do I. What I'm wondering is how egregious it is to allow minutes or committee reports to be published when they have grammatical errors in them. The absence of any real sticklers in leadership at this time means that sometimes reports that get published every month have some minor quirks. How important is this in the overall scheme of things? I'm too old to be the grammar police anymore, and I think most people get annoyed by constant correction. -Annie C.

RESPONSE: Since boards are populated by volunteers, grammatical errors are not uncommon in minutes. Because I regularly serve as an expert in litigation involving associations, I review a lot of minutes--some which suffer from poor grammar. Fortunately, grammar has never impacted cases. Usually, its the lack of information (failure to record votes on particular issues) that cause problems. In depositions, directors will remember approving something, but it does not appear in their minutes.

Boards can contact us for friendly,
professional advice.

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 itself 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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