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

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 to... Read More

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

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 in... Read More

Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with 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 existing... Read More

SUMMARY OF NEW LEGISLATION AND CASE LAW

January 2022 (Residential Communities Only)

THANK YOU!  On behalf of all of us at Community Legal Advisors Inc., thank you for trusting our firm with your community association’s legal needs.  This year, our summary is longer than ever before because our legislature passed so many new laws. THIS DOCUMENT IS ADVICE TO OUR CLIENTS AND A PRIMARY BENEFIT DESCRIBED BY OUR... Read More

Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with 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 just extended the time for unilateral Board amendment to remedy non-compliant rental restrictions until July 1, 2022. For example, if your CC&Rs impose a minimum lease term... Read More

New Year Brings New Law re: Virtual Board Meetings

As you prepare for your January Board meetings, remember that in order to legally meet virtually, the “first” meeting notice must be sent out via “individual notice” (either by mail or by email to those owners who have consented to receive notice via email), and shall contain the following information: Date/time of meetingAgendaJoining instructions for video/audio and telephoneNEW- email address and... Read More

SIX NEW EMPLOYMENT LAWS AFFECTING COMMUNITY ASSOCIATIONS IN 2022

Reporting Workplace COVID-19 Outbreaks And Disclosing Benefits (AB 654). Under the old law, if a COVID-19 outbreak occurs at a workplace, California gave an employer 48 hours to report the outbreak to local public health agencies. Now employers have 48 hours or the next business day, whichever is later, to submit a report. Unchanged: Employers must inform any employee which... Read More