The Collection End Game: How To Maximize Recovery, Minimize Costs and Generate Cash Flow

Although the concept of fiduciary duty is mentioned frequently (often incorrectly) as applying to the duties of community association board of directors in general, one area in which it does certainly apply is relative to collection of Association assessments.  Because Associations operate on a zero based budget, which means that every dollar of assessments is…
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Overview:

This legislative update is a summary of those state senate and assembly bills (and one federal bill) which were passed by the legislature, signed into law and will most directly affect homeowner and community associations. With this same focus, also summarized here are: bills which were passed and vetoed, but may reappear; as well…
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  1. Harvey v. Landing HOA  162 Cal.App.4th 809

Background:   Condominium homeowner Harvey brought an action for trespass, breach of fiduciary duty and injunctive relief against homeowners’ association, members of homeowners’ association board of directors, and homeowners with attic access. The Superior Court granted summary judgment for defendants. Homeowner appealed.

The Landing is a…
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By: David A. Loewenthal, Esq.

Environmental quality of indoor air has received  increasing attention over the last decade as the nation has become more informed about the dangers of indoor pollution.  As with noise and pets,  issues regarding indoor pollutants are a constant source of disputes within community associations.  Though this can…
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AB 2289- ASSESSMENT COLLECTION PROCEDURE FOR HOMEOWNERS ASSOCIATIONS

AB2289 was enacted on September 29, 2002 , which in essence modifies specific sections contained in the Davis-Stirling Act. The following discusses the effect of AB2289 on associations collection procedures for delinquent assessments.

I. YEAR END DISCLOSURE REQUIREMENTS

AB2289 clearly requires that all associations distribute a written…
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