Are HOA no soliciting policies enforceable for noncommercial activities? Such activities are protected in California, but what does that entail for HOA boards? What Counts as HOA Noncommercial Solicitation? Noncommercial solicitation is when a person or a group of people solicits for a political, charitable, religious, or any other noncommercial agenda. This type of […]
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By Denise D. Iger of Iger Wankel Bonkowski, LLP Today Governor Brown signed an executive order declaring that effective immediately the “Drought State of Emergency” is terminated in all of California counties, except Fresno, Tulare, Kings and Tuolumne. The executive order also had the effect of rescinding a previous emergency proclamation and four executive orders […]
In California, the adult possession and marijuana use has been legal since 2016. But is it still possible to restrict it within an HOA community? To what extent can HOA weed rules be implemented in a community that balances the rights of its residents? What is the Legality of Marijuana Use in California? Adult […]
The community management industry is an ever-changing business. New legislation, technology, and processes are continually coming into the picture. It is important that your community manager is provided the best in enhanced leadership and management training available. Optimum works closely with industry educational leaders as well as our vendors to ensure our managers are well-educated. […]
AB 1448 (Lopez) Personal Energy Conservation – Clotheslines and Drying Racks New Civil Code Section 4750.10 provides that any governing document provision is void and unenforceable if it prohibits or unreasonably restricts the use of a clotheslines or a drying rack in the owner’s exclusive use backyard. Associations may adopt reasonable restrictions on clotheslines or […]
More and more residents in California are choosing artificial turf as part of their landscaping efforts. The material has many pros and cons, but can associations ban the use of HOA artificial turf in California? What Is Artificial Turf? Artificial turf serves as a replacement for real grass used by homeowners in landscaping or […]
While an HOA’s governing documents serve as the foundation of the association, there are times when it needs to be updated. However, it needs to undergo a rigorous process that involves the entire community, not just the board of directors. Here’s the right approach to amending HOA governing documents. What Are HOA Governing Documents? Governing […]
AB 634 (Eggman) Solar System Requirements. Civil Code §714.1, §4600 & §4746 Chaptered October 15, 2017 Associations cannot establish a general policy prohibiting the installation or use of solar energy systems on the common area roof of the building where the owner resides, or a garage or carport assigned to the owner for exclusive […]
Due to the unusual severity of the recent storms, a significant amount of maintenance issues were experienced in a very short period of time thus inundating roofing vendors – and other related vendors such as restoration companies – with calls and service requests. While we have multiple vendors to address these issues, the volume experienced […]
Every community needs a budget to maintain smooth daily operations. In handling the budget, HOA board members need to understand that every dollar counts. Here are tips to help your HOA save money. What Is an HOA Budget? A budget serves as a financial plan for a set period. For HOAs, it involves managing […]
Optimum finds it very important to stay up to date with current legislation that directly impacts community associations in California. The following legislation has been signed and approved by former Governor Jerry Brown and took effect on January 1, 2019 unless otherwise stated: AB 2912 (Irwin) Association Finances Civil Code§§ 5380, 5500, 5501, 5502 and […]
Board members are decision makers for the entire community. Therefore, it is necessary to have some form of outreach to understand clearly the priorities and needs of all the members within the community. Ask your committee representatives for their perspective on needs, conduct an annual survey, or develop a “Member Advocacy Group” to ask members […]
