ELECTION TIMELINE
CALCULATOR UPDATED
Good news! Our Election Timeline Calculator has been updated.
It can now be used for all elections, whether you use ballots, electronic voting, and/or acclamation. The Timeline Calculator includes director and non-director elections.
Give it a try and let me know if it needs any tweaking.
Moved to Idaho. I moved from Orange County, California in June 2018 to Southeast Idaho. I still receive your newsletters and enjoy reading them. This last one, however, really makes me happy that I left the state when I did. I knew things in California would continue to decline--sad to see--but very happy I am no longer there. –Chris S.
Bravo. BRAVO ADRIAN, ANOTHER SMASH HIT FOR THE HOA INDUSTRY!! –CARL B.
Fannie Mae Blacklist. I have a question about your recent newsletter about the blacklist for condo associations. Does one get notified before they are put on the list or that they have been put on the list? Where can one look to find out? Website??? Thanks. I love these newsletters. –Beverly K.
RESPONSE: Fannie Mae's list of ineligible condos is accessible by board members and managers. To check the status of your association, you need to register with Fannie Mae. You can register here: condostatus.fanniemae.com
Balcony Inspections. Great, as always. To prove I read it - there is a miss reference in the balcony question from Barbara--SB 721 is the apartment reference, SB 326 applies to HOAs, which, of course, is now CC 5551, but everyone uses the old SB numbers. Like SB 800. -Scott C.
RESPONSE: The misreference was my fault. I meant to correct it before hitting the send key, but got distracted. Even though the balcony bill is enshrined in Civil Code § 5551, it will likely be forever known as SB 326. For more information about inspection requirements, see "Exterior Elevated Elements Inspections."
ICE Agents. Thank you for the timely item on deporting illegal immigrants. If ICE comes to our onsite management office “seeking information,” who exactly is subject to this request? Employees of our management company? Our landscape maintenance/janitorial/service vendors? Independent contractors? Our board members? Seems like a very sticky wicket, which is totally open to interpretation due to current political climate. Any clarification, advice, talking points for managers or board members, would be most helpful right now. -Susan L.
RESPONSE: You are right, it is a sticky wicket. To avoid getting caught flat-footed, you should ask now for guidance from both your HOA's legal counsel and your management company's legal counsel. Hopefully, they will be on the same page. Problems will arise if one tells you to cooperate, and the other one tells you to resist. If you get conflicting advice, the two attorneys will need to confer and get on the same page with how best to respond to ICE requests for information.
Wildfire Safety. I enjoyed the webinar and the Q&A session that followed. The Hardie company and others make fiber concrete sheet siding and lap siding. Unfortunately, our HOA has a CC&R ban on manufactured exterior materials. There WAS a good reason for this in 1992, but modern construction materials are certainly better than 30+ years ago. I have been trying to convince our board to amend the CC&Rs, but getting a majority of 7,000 members to vote, let alone approve, has been a deterrent. –AA
RESPONSE: In light of life-safety issues, fire code mandates, and the difficulty and expense of obtaining insurance, it may be time to ignore your CC&R restriction on manufactured products. Your board should consider amending your architectural standards to require owners to use fire resistant roofing and siding materials. You don't want what happened in the Palisades and Eaton fires where embers caught houses on fire and they, in turn, set other houses on fire. The fires burned so hot and moved so fast, they were impossible to put out. (It didn't help that there was no water in the fire hydrants and the Mayor was overseas sipping wine.)
HIRING
EXPERIENCED ATTORNEYS
We are looking for experienced HOA attorneys for our offices in San Diego, Los Angeles and Northern California. Learn more about us here.
If you are interested, or know someone who may be a good candidate, you can contact Adrian Adams confidentially by email or by phone at (800) 464-2817.
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DISCLAIMER. Our newsletter provides commentary, not legal advice. Boards needing legal advice should have an attorney review the facts and law for their particular situation. We serve as corporate counsel to California associations.
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