Robert DeNichilo admitted into CAI’s College of Community Association Lawyers

Robert M. DeNichilo has been granted membership in the College of Community Association Lawyers (CCAL)—one of fewer than 175 attorneys nationwide to be admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the country.

Robert M. DeNichilo has been granted membership in the College of Community Association Lawyers (CCAL)—one of fewer than 175 attorneys nationwide to be admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the country.

CCAL was established in 1993 by Community Associations Institute (CAI), with membership consisting of attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL fellows are also recognized for committing themselves to high standards of professional and ethical conduct. CCAL provides a forum for the exchange of information among experienced legal professionals working for the advancement of community association governance. Its goals include promoting high standards of professional and ethical responsibility, improving and advancing community association law and practice, and facilitating the development of educational materials and programming pertaining to legal issues.

CAI is an international membership organization dedicated to helping homeowner and condominium associations meet the expectations of their residents. The organization accomplishes this mission by providing information, tools and resources to homeowner volunteer leaders and community managers who govern and manage common-interest communities. By helping its members learn, excel and achieve, CAI strengthens the governance and management of community associations throughout the country, making them better places to live.

More than 68 million people live in America’s estimated 338,000 homeowner and condominium associations, cooperatives and other planned communities.

California Drought restrictions Officially Lifted

California Governor Jerry Brown Officially declared an end to the drought and rescinded two drought-related executive orders from 2014, including the one that declared a drought state of emergency, excepting four counties in Central California. The Governor’s action today reinstates the ability for California community associations to impose fines or otherwise enforce their governing documents related to an owner’s decision to not water grass or other vegetation.

Executive Order B-40-17 lifts the drought emergency in all California counties except Fresno, Kings, Tulare and Tuolumne, where emergency drinking water projects will continue to help address diminished groundwater supplies. Today’s order also rescinds two emergency proclamations from January and April 2014 and four droughtrelated executive orders issued in 2014 and 2015.

In a related action, state agencies today issued a plan to continue to make conservation a way of life in California, as directed by Governor Brown in May 2016. The framework requires new legislation to establish long-term water conservation measures and improved planning for more frequent and severe droughts. Permanent restrictions shall prohibit wasteful practices such as:
• Hosing off sidewalks, driveways and other hardscapes;
• Washing automobiles with hoses not equipped with a shut-off
nozzle;
• Using non-recirculated water in a fountain or other decorative
water feature;
• Watering lawns in a manner that causes runoff, or within 48
hours after measurable precipitation; and
• Irrigating ornamental turf on public street medians.

LEGISLATIVE ALERT – Governor Brown signs AB 349 Banning Prohibitions on Artificial Turf

Art turfGovernor Brown has signed AB 349, an urgency statute which takes effect immediately. AB 349 amends Section 4735 of the Civil Code, and prevents associations from prohibiting the installation of artificial turf, or “any other synthetic surface that resembles grass.”

This bill also prohibits any requirement that an owner remove or reverse water-efficient landscaping measures, installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency.

As anyone who has looked into replacing natural grass with artificial turf can tell you, there are different types and quality of artificial turf available in the market. AB 349 does not prevent an association from developing and applying reasonable landscape standards, including standards regarding the installation of artificial turf, so long as the standards do not restrict or prevent the installation of artificial turf, any other synthetic surface that resembles grass, or other drought tolerant landscape.

In light of AB 349 and its immediate impact, associations which have not already done so should work quickly to develop architectural standards which allow for installation of artificial turf and “any other synthetic surface that resembles grass.” This can often best be done by working with a landscape architect who can advise the board of directors with regard to the different types of products available, and how those different products may look in community. Failure to have such standards in place may result in an association not being able to require owners seeking to install such items to install the type and quality materials which the association deems consistent with the aesthetics of the community.

LEGISLATIVE ALERT – Governor Brown signs AB 596

131754-gov-jerry-brown_1Governor Brown has signed AB 596 which, beginning July 1, 2016, requires the annual budget report of a condominium project to also include a separate statement describing the status of the association as a Federal Housing Administration (FHA) approved condominium project and as a federal Department of Veterans Affairs (VA) approved condominium project.
The statement as to the FHA certification status of the association must be in at least 10-point font on a separate piece of paper and in the following form:
“Certification by the Federal Housing Administration may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest.
This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the Federal Housing Administration.”
Similarly, the statement on the VA certification status of the association must also be in at least a 10 point font, on a separate piece of paper and in the following form:
“Certification by the federal Department of Veterans Affairs may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest.
This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the federal Department of Veterans Affairs.”
There is no requirement that the disclosure document be revised mid-year should the association’s certification status change. However, as part of the disclosure form, associations should consider including a statement indicating the date as of which the status identified on the form is accurate, and including information on the form that those interested can obtain the most currently available information by
checking the association’s certification status on-line at the FHA and VA websites.
FHA status can be checked online at U.S. Department of Housing and Urban Development website, or:
VA status can be checked at the Department of Veterans Affairs web site or:

California Regulations Mandate Stricter Maintenance Requirements for Community Association Pools

HOA PoolThis article was published in the CAI Orange County Regional Chapter’s OC View Magazine. Click Here to view the published version.

Community pools provide welcome relief from summer heat. They also impose certain obligations on operators of those pools, including community associations. Recent regulations adopted by the California Department of Health define “public pools” to include pools maintained by community associations. The most dramatic changes are set forth in Title 22 of the California Code of Regulations (the “Regulations”) which were amended effective January of 2015. Others are contained in the California Building Code contained in the California Code of Regulations, Title 24, which also were amended, effective January 2014. Associations should know that local health agencies are starting the process of enforcing these new standards. Because some of these changes significantly impact the way associations must service, monitor, and track activity at community pools, associations would be well-advised to note the requirements and implement any necessary changes to ensure compliance now and down the road.

Specifically, there are several amendments to the Regulations that affect association management of community pools, including (1) new parameters for water characteristics; (2) strict daily monitoring of public pool facilities and requirements for written records; (3) enforcement of specific safety and first aid equipment; (4) requirements that a public pool have at least one keyless exit and self-closing latches; and (5) imposition of health restrictions for employees or pool users.

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