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
BY: Mark T. Guithues, Community Legal Advisors Inc Prepared Saturday, March 14, 2020 The purpose of this correspondence is threefold. 1) Give everyone encouragement and calm their fears in these anxious days. 2) Review some of the simple ways that you can protect yourself from getting the virus. 3.) Give healthy people a list of practical ways they can protect... Read More
SUMMARY OF NEW LEGISLATION AND CASE LAW Mark T. Guithues, Esq. Laurie F. Masotto, Esq. Michael J. Alti, Esq. Mark Allen Wilson, Esq. Jeffrey W. Speights, Esq. Tracy Linkowski, Esq. January 2020 Thank you for trusting our firm with your community association’s legal needs. Because of you, CLA is growing! Please join us in welcoming Laurie Masotto Esq, with 25 years’ experience as a HOA attorney; Tracy... 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
