APPARENTLY WE DON’T NEED TO REGISTER FOR THE CORPORATE TRANSPARENCY ACT (“CTA”)

December 12, 2024 | Case Law

Dear Managers and Directors, Yesterday, Dec. 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the U.S. Department of Treasury’s enforcement of the Corporate Transparency Act. See Texas Top Cop Shop, Inc., et al. v. Garland, et al. (“Texas”). In his opinion, Judge Amos L. Mazzant III ruled that “…reporting companies need not comply with the... Read More

SB 326 (the “Balcony Bill”)

July 24, 2024 | Case Law

More Inspectors. SB 326 (the “Balcony Bill”) passed almost five (5!) years ago, requiring associations with residential buildings that have three or more units to have their wooden “exterior elevated elements” inspected by a licensed architect or structural engineer prior to January 1, 2025.  Many associations have not completed this work, some citing inadequate availability of these inspection professionals.... Read More

WORKPLACE VIOLENCE PREVENTION PLANS – COMMUNITY ASSOCIATIONS WITH EMPLOYEES NEED TO COMPLY

July 9, 2024 | HOA Law

California has long required employers to establish, implement and maintain an injury prevention program. With the passage of Senate Bill No. 553 (SB 553) last year, California has imposed now upon employers the additional obligation to establish, implement and maintain in all work areas, an effective workplace violence prevention plan (“WP Violence Plan”) which contains specified information. Beginning July 1, 2024... Read More

EDUCATION FOR ATTORNEYS:

October 31, 2022 | Education

CLA’s Mark Allen Wilson co-hosted a Continuing Education of the Bar (CEB)-sponsored webinar on changes to state and local laws governing homeowner’s associations (HOAs) and common interest developments (CIDs) that impact the rights of individual homeowners and requires attorneys to navigate the different areas of real property and real estate practice. The program (“What’s Hot with HOAs and CIDs”) explains recent... Read More

STATUS: INDUSTRY EFFORTS TO FIGHT THE PROPERTY INSURANCE CRISIS

August 8, 2022 | HOA Law

Reprinted by permission of CAI’s California Legislative Action Committee. For more information, visit CLAC online at CAICLAC.com. Perspective: With historic property losses to California’s homeowners came an equally historic exodus of its property insurers – leading to 5x to 10x increases in the cost of property insurance – if same could be obtained at all.  Members of Community Associations Institute... Read More

LEGAL UPDATE Debt Collection Licensing Act Inapplicable to the Collection of “Routine” HOA Assessments

June 20, 2022 | HOA Law

In 2020, California SB 908 enacted the California Debt Collection Licensing Act (“DCLA”), which requires persons engaged in the business of collecting “consumer debt” to apply for and obtain a debt collector license from the newly created California Department of Financial Protection & Innovation (“CDFPI”). In a recent posting on its website, the CDFPI determined the DCLA does not apply... Read More

Pools, A Deeper Dive, by Mark Guithues of Community Legal Advisors Inc.

June 16, 2022 | HOA Law

Recently, I had the opportunity to discuss pool maintenance, reserves, new products, rules and common legal questions with General Manager John Walters of the Palm Valley Country Club and Alan Smith of Alan Smith Pools. CAI asked me to summarize our conversation for its membership. Maintenance. All pool maintenance begins with chlorine. This sanitizer kills e-coli and other bad stuff... Read More

Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with Law

April 19, 2022 | HOA Law

Bad News: If your association’s documents currently contain a minimum rental term of greater than 30 days or a rental cap of less than 25%, they now violate California law. Good news: The Legislature extended the time for unilateral Board amendment to remedy non-compliant rental restrictions until July 1, 2022.  However, since it takes some time to review your... Read More