By Mark T. Guithues, Esq., October 23, 2026 Community Legal Advisors Inc., Community Association Attorneys HOA boards now have an unusually strong record to support storm preparation spending. On September 21, Governor Newsom proclaimed a statewide state of emergency to prepare for what is shaping up to be a historic El Niño season. Normally, under Civil Code Section 5605, special assessments can't add... Read More
Late yesterday, the California Legislature passed (and the Governor signed) AB 130 which funds California’s annual budget. Oddly, the State’s funding bill included language capping HOA fines at $100* and added a few more hoops for Board’s to jump through when imposing those fines. NOTE THAT: Because funding bills are effective immediately, this is now California law! This means each... Read More
NEW LAWS FOR RESIDENTIAL ASSOCIATIONS December 31, 2024 31 USC 5336 – Corporate Transparency Act Registration is NOW OPTIONAL? The Corporate Transparency Act (“CTA”) was enacted in 2021 to combat tax fraud, money laundering and terrorism financing. Under the CTA, each community association must file a Beneficial Ownership Information Report (“BOIR”) with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) providing... Read More
The Fire Safety Research Institute and the Fire Protection Research Foundation (FPRF) have issued an urgent safety advisory around a potential hazard involving fire blankets used for electric vehicle fire suppression efforts with battery involvement. During experiments involving the use of electric vehicle fire blankets to suppress an EV fire with battery involvement, it was observed that the deployment of a... Read More
Recently the United States Supreme Court granted a stay of the injunction previously granted by the Fifth Circuit Court of Appeals, which injunction nullified the (BOIR) registration requirement of the Corporate Transparency Act (the “CTA”). This new ruling reinstates the filing requirement under the CTA and allows the original appeal to be fully reviewed by the Fifth Circuit Court of... Read More
It’s been quite a roller coaster ride monitoring the ongoing litigation concerning the Corporate Transparency Act (“CTA”). As of today, December 30, 2024, the CTA compliance requirement has been halted again, which means you presently do not need to comply with the CTA’s requirement for reporting your association’s beneficial ownership information. Briefly, on December 3, 2024, the US District Court for the Eastern... Read More
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 CTA’s... Read More
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. California’s... Read More
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 covered... Read More
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... Read More
