In accordance with the Governor’s order today, we are advising all associations which have gyms/fitness centers that they should be closed until further notice: Effective July 13, 2020, ALL counties must close indoor operations in these sectors: Dine-in restaurants Wineries and tasting rooms Movie theaters Family entertainment centers (for example: bowling alleys, miniature golf, batting cages and arcades) Zoos and museums Cardrooms Additionally, bars, brewpubs, breweries, and pubs... Read More

Great News! Pools are opening all over Southern California. Big picture, you need to comply with State and County Guidelines.  The State, for the most part, is deferring to the counties, which may presumably modify their Orders based upon the infection rates in their communities. Here are the specifics: State Allows Reopening of Pools A few days ago, we informed you... Read More

We are so excited to inform you that the State Department of Public Health (CDPH) has finally updated its website, removing its prohibition against the opening of public pools (including HOA pools), playgrounds and gyms.   This means that HOAs may begin opening these facilities, but only in accordance with their County/City guidelines. Remember the troublesome CDPH website (https://covid19.ca.gov/roadmap-counties/) which... Read More

Our firm understands that many of our clients are eager to open their pools, and we have been working hard to provide you clarity because of all the confusion generated by the conflicting information the State Department of Public Health (CDPH) and some counties are providing.   We are disappointed to share with you this new development regarding HOA pools. We... Read More

We are excited to inform you of a very positive development regarding swimming pools.  As you may be aware, the website of the California Department of Public Health (CDPH) (https://covid19.ca.gov/roadmap-counties/) states that public pools (including HOA pools) “are not permitted to operate in the State of California at this time.” This has caused a conflict and tremendous confusion because... Read More

Mark T. Guithues, Esq. Laurie F. Masotto, Esq. Michael J. Alti, Esq. Mark Allen Wilson, Esq. Jeffrey W. Speights, Esq. Tracy Linkowski, Esq. www.attorneyforhoa.com          Please Respond To: Oceanside Office VIA OVERNIGHT MAIL June 1, 2020 Mr. Peter Sapunor, Deputy General Counsel            Via E:Mail Peter.Sapunor@cdph.ca.gov California Department of Public Health – OLS 1415 L Street, Suite 500 Sacramento, CA 95814 Re:     Opening Homeowner Association Pools in California Dear Mr. Sapunor: As previously discussed,... Read More

Mark T. Guithues, Esq. Laurie F. Masotto, Esq. Michael J. Alti, Esq. Mark Allen Wilson, Esq. Jeffrey W. Speights, Esq. Tracy Linkowski, Esq. www.attorneyforhoa.com                                                                                      Please Respond To: Oceanside... Read More

Mark T. Guithues, Esq. Laurie F. Masotto, Esq. Michael J. Alti, Esq. Mark Allen Wilson, Esq. Jeffrey W. Speights, Esq. Tracy Linkowski, Esq. www.attorneyforhoa.com          Please Respond To: Oceanside Office VIA OVERNIGHT MAIL May 29, 2020 California Department of Public Health PO Box 997377, MS 0500 Sacramento, CA 95899-7377 Michael Rainville, General Counsel California Department of Public Health – OLS 1415 L Street, Suite 500 Sacramento, CA 95814 Re:     Opening Homeowner Association Pools in California Dear... Read More

We recognize there is great confusion amongst community associations as to whether and how soon HOAs may “reopen” their swimming pools in light of governmental COVID-19 restrictions.  This confusion has arisen because of highly unclear and often internally inconsistent guidance both at the state and local level.  However, California’s Department of Public Health (“CDPH”) has finally publicized clear restrictions... Read More

Assessment Forgiveness Mark T. Guithues, Esq. Laurie F. Masotto, Esq. Michael J. Alti, Esq. Mark Allen Wilson, Esq. Jeffrey W. Speights, Esq. Tracy F. Linkowski, Esq. April 9, 2020 Authority of Board to Waive Unpaid Assessments Due To Covid-19/Coronavirus This article addresses the authority of an association to fully or partially reduce assessments for several months due to the coronavirus/Covid-19’s anticipated adverse fiscal impact on individuals’ finances and... Read More