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

It is now against the law to attempt to collect assessments from a debtor who has successfully obtained a Chapter 13 discharge. Although courts will continue to treat post-petition assessments in all other bankruptcy chapters as personal debt that survives a bankruptcy discharge, associations can no longer file civil actions after a Chapter 13 bankruptcy discharge to recover outstanding... Read More