|
WHAT DOES 51%
MEAN?
 QUESTION: Our CC&Rs say we need 51% membership approval to rewrite our CC&Rs to bring them up to date with current laws. We were told 51% means 50% plus 1. –Pat K.
ANSWER: No, that is not what it means. If you have 100 homes, 51% results in 51 votes. If you have 300 homes, 51% results in 153 votes, not 151 votes. If you have 500 homes, 51% results in 255 votes, not 251 votes. Whoever told you 51% means 50% plus 1 gave you bad advice.
RESERVE ITEM FOR
VOIDS UNDER OUR BUILDING
 QUESTION: Our property is 40 years old. A few of our buildings have developed what we call foundation voids–-deep holes in the dirt at the base of the buildings. This will continue to happen due to the age of our buildings. Our reserve specialist says that we cannot put an item in our reserve study without an engineer’s review. Our manager says we can put whatever we want in our reserve study. Who is correct? –Susie B.
ANSWER: Your reserve analyst is correct. You can't put the item in your reserve study until you know the extent of the problem and what it's going to cost. You should hire an engineer to study the problem and prepare a report. Once that is done, your reserve analyst will know what to put in your reserve study.
HOW TO MAKE OWNERS
RESPONSIBLE FOR UNIT CHANGES
 QUESTION: We have a radiant heat system in our ceilings that is failing and not replaceable. Owners want to install a mini-split system on their balconies. How can we hold owners responsible for potential damage to the building? Is there a legal mechanism we can use? –Dena B.
ANSWER: Yes. You want current owners and future owners to maintain and repair the mini-split systems, plus any damage they may cause to the common areas and other units. That can be accomplished by recording a covenant against each unit. The covenant is prepared by the association's legal counsel and signed by the owners of each unit and recorded by the association. This is done BEFORE the owner installs the mini-split. Once that is done, it binds the current and all future owners of each unit.
WHAT DOES
ACCLAMATION MEAN?
 QUESTION: If our board is supposed to have five board members and only one person is listed as a candidate, is it legal to have that person voted in by acclamation and then appoint 4 new board members? I thought acclamation required the number of candidates equal to the number of open seats. -Marilyn N.
ANSWER: I know acclamation sounds like something to do with climate change but it's not--it is an easier way to elect boards. There is no need for balloting if the number of candidates is less than or equal to the number of vacant seats. If there is only one candidate and five open seats, the one candidate is elected. The only business that one director can conduct is to appoint new directors. Once enough directors are seated to constitute a quorum, business can be conducted.
NEW LEGISLATION
WEBINAR
 Our own Rob Ward and Jamie Handrick will present 2025 changes in the law affecting community associations.
They will cover: SB 770 EV charging stations, SB 410 balcony inspection disclosures, SB 625 disaster reconstructions, AB 1154 Junior Accessory Dwelling Units, AB 130 cap on fines, and interesting new case law.
This webinar has been approved for one hour of continuing education credit. It will be held Thursday, October 23 at 12 noon. You can register here for the webinar.
HIRING
EXPERIENCED ATTORNEYS
 We are looking for a litigation attorney with 5 to 10 years of experience and two experienced HOA attorneys. If you are interested or know someone who may be a good candidate, you can contact Adrian Adams confidentially by email or by phone at (800) 464-2817.
|
|
DISCLAIMER. Our newsletter provides commentary, not legal advice. Boards needing legal advice should have an attorney review the facts and law for their particular situation. We serve as corporate counsel to California associations.
|
|
|