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
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
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
Just days ago, a $997 million dollar settlement was proposed to the Court on behalf of the victims of the collapse of the Champlain Towers South building, which occurred on June 24, 2021. The judge expressed surprise and admiration at the speed the proposed settlement was reached. As you may guess, a wide swath of parties will contribute to the... Read More
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
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
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... Read More
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... Read More
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... Read More
Associations may continue to hold Board meetings or annual meetings virtually or telephonically without designating a physical location for the meeting, at least until March 31, 2022, pursuant to the Governor’s recent extension of the declaration of emergency based on Covid 19. HISTORICALLY, and without such declaration of emergency being in effect, in order to meet virtually or by teleconference,... Read More
