Q.
I am on the board of directors of my homeowners association. We
have an architectural committee. Traditionally, the architectural
committee has been concerned with building code compliance. Is this
an appropriate matter to be commented upon by an architectural committee?
A.
No. Architectural committees should be concerned about compliance
with the CC&Rs, Rules and Regulations and the appearance of
proposed modifications. Compliance with building codes should
be left to the local city or county. If your architectural committee
assumes responsibility for making comments on possible code violations,
it places your association in a position to be held liable in
the event that it makes an error in judgment. There is no reason
for an association to assume that responsibility. Top
SATELLITE DISH RULES
Q.
How do I learn more about Satellite Dish Antenna Rules for homeowner associations?
A.
Visit Satellite Dish Antenna Rules on our website.
Top
GOVERNING
DOCUMENTS
Q.
The CC&Rs (Covenants, Conditions and Restrictions) of our
homeowners association refers to the term "governing documents".
Are rules of the association included within the definition of
governing documents?
A.
Yes. Section 1351 of the California Civil Code defines governing
document as CC&Rs (Covenants, Conditions and Restrictions),
bylaws, operating rules and articles of incorporation. Top
FINE PROCEDURE
Q.
What are the procedures that must be followed before an association
can fine one of its members?
A.
The California Civil Code sets forth the procedure for the fine
process. When the board of directors of an association is to meet
to consider or impose a fine or discipline upon a member, the
board must give notice in writing, either by personal delivery
or first class mail, at least 10 days prior to the board meeting.
The notification must contain the date, time and location of the
meeting, the nature of the alleged violation, and a statement
that the member has the right to attend and may address the board of directors at the meeting.
If the board of directors
imposes discipline on a member, including a fine, the board must
provide a notification of the disciplinary action or fine by either
personal delivery or first class mail to the member within 15
days following the action.
The disciplinary action
or fine will not be effective against a member unless the board of directors complies with all of the requirements of the California Civil Code. Top
NO SMOKING
RULES
Q.
Can our homeowners association establish a rule that prohibits
smoking in the common areas?
A.
In the absence of a provision in your CC&Rs that prohibits
such a rule, the answer is yes. Directors of association boards
have the right to make rules governing the use of the common areas
so long as they are legal and not inconsistent with the CC&Rs.
Keep in mind that such a rule can be over turned by a subsequent
board of directors, and consequently, an amendment to your CC&Rs
would make more sense if you want a long-term ban. Top
MINIMUM AGE
TO USE POOL
Q.
I work for a small company that manages homeowner associations. What is the minimum age
allowed by law for unsupervised children to use a swimming pool
or spa?
A.
Unsupervised use by children under the age of fourteen is prohibited. In addition, warning signs
are required in accordance with Section 3119B.5 of the California
Building Code and Title 22, Section 65539(c) of the Code of Regulations
- Environmental Health. Your pool maintenance company
should be familiar with these requirements. Top
RULES CONCERNING
CHILDREN
Q.
Our homeowner association would like to adopt a rule prohibiting
children from playing in the common area streets. The purpose
of the rule would be to minimize the risk that a child will be
injured. Can we legally adopt the proposed rule?
A.
Assuming your association's governing documents do not prohibit
the adoption of such a rule, your board of directors can adopt
a rule that prohibits all people (not only children) from specified
activities on defined portions of the common area of your association.
By applying the rule to all persons, your board of directors will
probably avoid the claim that your association is discriminating
against children or families with children. Top
ATTORNEY
SHOULD REVIEW RULES
Q.
The management company of our association has offered to re-write
our rules. The hourly
rate is far below what our attorney would charge for the same
work. Do you have
any recommendations or comments?
A.
Yes. Your management company
would not be doing the same work as your law firm. Only attorneys
are permitted to offer legal advice. Writing rules for an association
comes dangerously close to practicing law and may cross the line.
I recommend that any new rules be written by your attorney
or at least, reviewed and approved by him or her. Top
VIOLATION
OF ARCHITECTURAL REQUIREMENT BY FORMER OWNER
Q.
We recently purchased a townhome only to find out that the former
owners had previously been notified in writing by the board of directors
that their patio cover did not meet the architectural requirements
of the community. What can we do?
A.
Section 1368 (a)(5) was recently added to the California Civil Code
to deal with this type of problem. Under this section, a copy
or a summary of any notice previously sent to the owner that sets
forth any alleged violation of the governing documents that remains
unresolved must be provided to the prospective purchaser as soon
as practical before transfer of title.
Any person or entity who
willfully violates this section can be held liable to the purchaser
for actual damages and, in addition, a fine not to exceed $500.00. Top
