HOA'S - To Preserve and Protect

HOA'S - To Preserve and Protect

   One of the biggest advantages of living in a common-interest development is the ability of the Association to preserve, protect and enhance property values. But, just how does the Board of Directors guide the Association to perform these duties? Often, we think of the Association as having Rules and Regulations limiting personal freedoms and individuality. But, it is those same Rules and Regulations that protect, preserve and enhance the investment each homeowner has in their home. CC&R's (Covenants, Conditions & Restrictions) define the responsibilities of Homeowners versus the responsibilities of the Association, thus protecting your investment. First and foremost, Associations are made up of the Board, Committee Members, and Homeowners. It is established as a corporation in which ALL owners are members. The Board's duty is to establish Rules & Regulations that are extracted from the CC&R's and written in laymen's terms. Architectural controls, guidelines, and procedures are established in order to promote aesthetic conformity throughout the community. Lastly, as owners, keeping abreast of association matters and contributing positive, constructive input during Open Forum is always welcomed. Choosing to attend Board meetings, doing your duty as a member of the community, and understanding everyone's role will only benefit everyone.

2015 HOA Law updates

Update of New Laws for 2015:

  

Civil Code §4750. Personal Gardens.

  

This law allows members to put gardens in their backyard (not front), even if prohibited by the CC&Rs. CC&Rs cannot prohibit or unreasonably restrict use of Exclusive Use backyards for personal agriculture including edible plant crops for personal use or donation that bear fruits or vegetables but not marijuana or unlawful substances.

    

Civil Code §§ 4530. Transfer Costs.

  

1)       When a seller (or seller's escrow) asks for copies of documents in anticipation of sale, seller (or escrow) has to reimburse the association.

  

2)       Association cannot charge an additional fee for electronic delivery in lieu of hard copy delivery of documents requested.

  

3)       Association cannot get reimbursed from a buyer.

   

Civil Code §4735. Fining for Not Watering.

  

Governing documents cannot prohibit the use of low water-using plants as a group or as a replacement of existing turf. Association cannot impose a fine against a member for reducing or eliminating the watering of plantings/lawns during a declared drought. There are, however, solutions:

  

1) Create 3-4 attractive "approved" model landscape plans, some of which use little or no water; 2) identify low-water use plants and add them to the existing approved plant palettes; and 3) specify a choice of premium synthetic lawn in architectural standards.

  

Associations cannot fine members who choose not to water their lawn during a declared drought. However, associations can impose fines for "lack of landscape maintenance".

  

Civil Code §4736. Powerwashing.

  

Provisions of governing documents are void and unenforceable if they require pressure washing the exterior of separate interests and exclusive use common areas during a declared drought emergency.

    

Civil Code § 715. Solar Energy.

  

Associations can impose reasonable restrictions that do not significantly increase cost or decrease efficiency of solar energy systems.

  

1) For water heating systems or solar swimming pool heating systems that comply with law: "significantly" means an amount exceeding 10% of original system cost, but in no case more than

  

$1000, or, decreasing the efficiency of the system by amount exceeding 10%. 2) For Photo Voltaic systems, "significantly" means an amount not to exceed $1,000 over the original system cost, or, a decrease in system efficiency of an amount exceeding 10%.

  

If an application is not denied in writing within 45 days from receipt, the application is deemed approved. If disapproved, the association must explain why in writing.

  

Partial Payments for Assessment Collection

  

Pursuant to new case law, associations must now accept partial payments for delinquent assessment collection.

   

Did you know, the status of Manager certification(s) must be disclosed annually?

  

Manager Certification Disclosure:     As required by Civil Code, this disclosure is being provided to notify the Board that I, ­­­­­­­­­­­­­____________, have met all requirements to be called a "certified common interest development manager" through California Association of Community Managers (CACM), 23461 South Pointe Drive, Suite 200, Laguna Hills, CA 92653, who may be contacted at 800-363-9771. The certification was renewed 11/20/2014 and is currently active. My office location is Menas Realty Company, 4990 Mission Blvd, San Diego, CA 92109

These were sent out to every Board Member earlier this month & will continue to be sent out annually.