Robert M. DeNichilo’s article “Yay! I’m on the Board or OMG, What did I get myself into?” Appears in Connect Magazine

CAI GRIE Connect Issue 3 2013 - Yay I'm on the BoardRobert M. DeNichilo’s article on on homeowner association board member duties and obligations entitled “Yay! I’m on the Board or OMG, What did I get myself into?” was recently published by CAI’s Greater Inland Empire Chapter’s Connect Magazine. You can read the original article here, or click here to download the version which was published in Connect Magazine.

Guest Post at the CLAC Blog regarding the signing of the “Clean Up” Legislation for Revised Davis-Stirling Act

CLAC - SB 745I recently submitted a guest post on the CAI California Legislative Action Committee (CLAC) blog regarding  SB 745, the “clean up legislation for the revised Davis-Stirling Act, which goes into law on January 1, 2014. You can read the post and my analysis of how SB 745 addresses several omissions from the revised Davis-Stirling Act here.

If you would like additional information on the revised Davis-Stirling Act, and what changes will take effect in the new year, please read my post “A Guide to the Revised Davis-Stirling Act (AB 805)

A Guide to the Revised Davis-Stirling Act (AB 805)

There will no doubt be some adjustment period to the new revised Davis-Stirling Act. However, the reality that the revision to the Davis-Stirling Act was really simply rewritten rather than changed in any significant way. This should provide comfort to managers and board members anticipating the new law and its implementation coming in January 2014.

I recently spoke to the Inland Empire Chapter of CAI regarding the upcoming changes to California’s Common Interest Development Act, or the Davis-Stirling Act, which takes effect on January 1, 2014. In preparation for that presentation, it became clear that despite the numerous resources available regarding the revised Act, many people are still concerned and wonder how the new law will impact their community association. The good news is that there is no reason to panic. The revisions to the Davis-Stirling Act were designed to be non-controversial. As a result, the substantive changes to the law are relative few in number and small in impact. In addition, there are some advantages to revising the Davis-Stirling Act. The current version of the Act has several “issues.” Sections which are logically related to each other are not located near each other in the Act making locating all the relevant sections difficult and confusing. Also, several sections are excessively long and complicated making them hard to read. The revisions to the Act make several changes which address the current version’s short comings. These include changes which group related provisions in a more logical order, long sections are divided into shorter, easier to read sections, more consistent terminology is used throughout the Act, and governance procedures are standardized. That does not mean there aren’t some disadvantages, however. The most significant of which is that those of us who deal with the Davis-Stirling Act will have to learn all over again what code sections contain various provisions due to the complete renumbering of the Act.

While a board may want to consider amending the governing documents, there is no legal requirement to do so. However, the new law (Civil Code section 4235) allows a board to amend the governing documents to update references to various sections of the Davis-Stirling Act by a board vote, allowing boards to avoid a member vote to amend the CC&Rs in this limited circumstance.

The following highlights the changes to the Act which we find to be the most significant. There are some additional changes which are not addressed in this article because few will ever come across them (such as the change in who can sign an amendment to a condo plan), but the changes you are most likely to encounter are covered.

  1. Notice and Delivery – One of the most significant changes in the Davis-Stirling Act is how an association can give “notice” to its members. New Civil Code section 4045 allows for “general notice” to be given by (1) first class mail; (2) email, facsimile, or other electronic means upon receipt of written consent to receive notice in that fashion; (3) inclusion in a billing statement, newsletter or other document Continue reading “A Guide to the Revised Davis-Stirling Act (AB 805)”

AB 2273 Signed into Law. Associations Should Record “Request for Notification” to be Notified of Foreclosure Sales within Association

AB 2273 was signed into law by Governor Jerry Brown. The bill requires foreclosing parties to record a sale within 30 days of the sale. This will benefit associations since it now requires public notice as to who owns the property, and where they may be contacted so that associations can properly invoice all owners for assessments.

AB 2273 has been signed into law by Governor Jerry Brown. The bill requires foreclosing parties to record a sale within 30 days of the sale. This will benefit associations since it now requires public notice as to who owns the property, and where they may be contacted so that associations can properly invoice all owners for assessments.

In addition, AB 2273 shortens the time for foreclosing parties to notify associations that they are the new owners. However, in order to take advantage of this aspect of the new law, associations will have to have recorded a “Request for Notification” prior to the property receiving a notice of default. Where an association has recorded a “Request for Notification,” the foreclosing party must notify the association within 15 days after the date of sale.

All California community associations should contact their legal counsel to make sure that a proper “Request for Notification” has been recorded so that the association can receive the benefits that the new law provides. This will greatly help to ensure that associations receive notice of foreclosure, and the identity of the new owner, as soon as possible so that assessments can be charged to the proper party.

Congratulations to CAI, who sponsored the bill, and worked hard to get it passed for the benefit of all California community associations!

New Davis-Stirling Act Signed into Law

AB 805 takes effect on January 1, 2014, and comprehensively reorganizes and recodifies the Davis-Stirling Common Interest Development Act. The bill also revises and recasts provisions regarding notices and their delivery, standardizes terminology, establish guidelines on the relative authority of governing documents, and establish a single procedure for amendment of a common interest declaration. The bill also establishes an express list of conflicts of interest that may disqualify members of a board of directors of an association that manages a common interest development from voting on certain matters.

Governor Brown recently signed AB 805 and AB 806 into law.

AB 805 takes effect on January 1, 2014, and comprehensively reorganizes and recodifies the Davis-Stirling Common Interest Development Act. The bill also revises and recasts provisions regarding notices and their delivery, standardizes terminology, establish guidelines on the relative authority of governing documents, and establish a single procedure for amendment of a common interest declaration. The bill also establishes an express list of conflicts of interest that may disqualify members of a board of directors of an association that manages a common interest development from voting on certain matters. The bill also, among other things, revises provisions related to elections and voting, establish standards for the retention of records, and broadens the requirement that liens recorded by the association in error be released.

AB 806 deletes all of the existing cross-references to the Davis- Stirling Act in other code sections and replaces them with the new code sections created by AB 805.

Stay tuned for more details on what specific new changes the new law brings for community associations. While we are sure the signing of the new bill will raise some questions, there are no earth shattering changes, and managers and boards can rest assured that the changes are manageable. We will be preparing a guide to the new Davis-Stirling Act to help managers and boards understand the new law. Make sure to stay tuned to HOABrief.com, or sign up for our email newsletters to stay current on laws impacting California community associations.