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Michael Chulak
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| Michael T. Chulak is a partner with Chulak Shiffman Quisenberry & Drescher LLP, Attorneys at Law. Questions can be faxed to 818-991-5078 or e-mailed to info@CSQDLaw.com. Answers are general in nature. An attorney should always be consulted when legal advice is needed. For more information, visit these two Web sites: www.CSQDLaw.com and www.HoaQandA.com.
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Articles by this Author
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THE HOA ADVISOR
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Question: I am a new real estate agent and would like to specialize in selling condominiums. What types of disclosures are required to be made before a condominium can be sold?
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THE HOA ADVISOR
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Question: After my recent election to the board of directors of our homeowners’ association, I carefully reviewed our governing documents. I noted that while the CC&Rs require that all buildings be repainted one of five alternative colors, at least two prior boards have ignored this provision of the CC&Rs. This has resulted in several members using unapproved colors. The current board wants to enforce the CC&Rs from this point forward. Are there any problems with this?
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THE HOA ADVISOR
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Question: The condominium above ours has a defective shower pan that leaks into our home. Our management company insists that we must deal directly with the person above us and will offer no assistance. Their position is that the association has no power to act. Are they correct, or should they take action to force the owner with the leaking pan to repair it?
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THE HOA ADVISOR
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Question: During the recent rains, the roof to my condominium leaked through a crack, causing damage to my furniture and other personal property. I have been informed by the association’s insurance company that the master policy excludes coverage for my personal property. I don’t have insurance. Can the association be held liable for not maintaining the roof?
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THE HOA ADVISOR
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Question: Our homeowner association has serious water intrusion problems in the common areas. We have attempted several times to obtain a set of plans from the developer without success. What should we do?
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THE HOA ADVISOR
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Question: Our homeowner association was recently sued by one of our members, claiming that our board of directors failed to enforce the Covenants, Conditions and Restrictions (CC&Rs) against another member who allegedly caused a nuisance. The member who is suing has subpoenaed our executive committee minutes. I thought these minutes were confidential.
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THE HOA ADVISOR
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Question: May our homeowner association prohibit us from displaying the American flag on our property?
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THE HOA ADVISOR
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QUESTION: I am seriously considering investing in short term notes secured by deeds of trust. What documents should I receive from the mortgage company?
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THE HOA ADVISOR
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QUESTION: I am a licensed real estate agent working for a large franchised brokerage firm. I was recently seriously injured in connection with my work, which I reported to my broker. I was advised that the company does not carry workers’ compensation insurance because it considers its agents to be independent contractors. Do I have any recourse?
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THE HOA ADVISOR
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Question: Our homeowner association has a master insurance policy that covers the common areas. Is the insurance company under a legal duty to review our covenants, conditions and restrictions to determine the extent of our common areas before processing a claim for damages?
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THE HOA ADVISOR
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QUESTION: The management company for our homeowners’ association recently hired a lien service to collect delinquent assessments from a member of our association. The lien company sent the debtor a written notice stating that he had 30 days to dispute the debt and that a lien would be recorded if the debt was not paid within 10 days. The debtor did not pay within the 10 days and the lien service has recently started a foreclosure. The debtor claims that our lien service has violated the law and demands that we stop all collection action. The lien service is owned and operated by an attorney. Who is correct?
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THE HOA ADVISOR
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QUESTION: Our homeowner association would like to adopt a rule prohibiting children from playing in the common area streets. The purpose of the rule would be to minimize the risk that a child will be injured. Can we legally adopt the proposed rule?
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THE HOA ADVISOR
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QUESTION: What is a wraparound loan?
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THE HOA ADVISOR
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QUESTION: Our homeowners’ association is paying a fortune for earthquake insurance. I am on the board that is seriously considering canceling our earthquake coverage because of its high cost and high deductible. What are your thoughts?
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THE HOA ADVISOR
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QUESTION: We have had several homes foreclosed by lenders within our homeowners’ association over the last few years. Our board never seems to know when a homeowner is delinquent on his loan payments or if a foreclosure is in process. Is there an easy way for our board to stay informed on these matters?
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THE HOA ADVISOR
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QUESTION: I work for a small company that manages homeowners associations. What is the minimum age allowed by law for unsupervised children to use a swimming pool or spa?
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THE HOA ADVISOR
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QUESTION: I am a new real estate agent and would like to specialize in selling condominiums. What types of disclosures are required to be made before a condominium can be sold?
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THE HOA ADVISOR
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QUESTION: Our homeowners’ association has an owner who insists on parking his vehicle in a marked fire lane. What can we do?
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THE HOA ADVISOR
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QUESTION: I only recently started to read your real estate column and find it to be of great value. I am president of our homeowners’ association and would like to distribute copies of past questions and answers to our board of directors. Are they available?
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THE HOA ADVISOR
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QUESTION: Our condominium management company is involved in a dispute with a contractor who did work on our common areas. The contractor is threatening to record a mechanic’s lien. Our management company has advised us that a contractor’s lien can never affect the individual units. Are they correct?
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THE HOA ADVISOR
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QUESTION: Recently, I submitted a mortgage loan application to a lender that included false financial information. The loan payments are paid current but the loan is being reviewed by the lender’s compliance department. Do I have a potential problem?
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THE HOA ADVISOR
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QUESTION: I own a townhome but I don’t have a complete set of governing documents. How can I obtain a copy?
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THE HOA ADVISOR
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QUESTION: The majority of homeowners in our association are outraged by the conduct of our board of directors. The next election won’t be held for another eight months. Our bylaws are silent on the subject of recalling the board. What can we do?
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THE HOA ADVISOR
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QUESTION: I have an incredible view from my townhouse. Do I have a legal right to a permanent unobstructed view?
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THE HOA ADVISOR
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QUESTION: Is it possible for our homeowners’ association to hold its annual election by mail?
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THE HOA ADVISOR
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QUESTION: I’m a director of a homeowner’s association. Can you clarify the meaning of the word “adjournment?”
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THE HOA ADVISOR
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QUESTION: I intend to refinance my home in the near future and have not yet decided whether to go directly to a lender or to a mortgage broker. What are the legal requirements to be a mortgage broker?
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THE HOA ADVISOR
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Q The board of directors of our association is interviewing law firms for a construction defect suit to be filed against the developer. One large firm has advised us that we should not consider our association’s general legal counsel because they are needed to remain impartial and available to provide checks and balances. They also state that our general counsel would have a conflict. What is your opinion?
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THE HOA ADVISOR
Q Our homeowners’ association board filed a large claim with our property insurance carrier several months ago. We cannot get the insurance company to respond. We are not sure whether to hire an attorney or public adjuster to assist us. What are your thoughts?
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THE HOA ADVISOR
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Q Our homeowner’s association has serious water intrusion problems in the common areas. We have attempted several times to obtain a set of plans from the developer without success. What should we do?
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THE HOA ADVISOR
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Q Our homeowner’s association was recently sued by one of our members claiming that our board of directors failed to enforce the covenants, conditions and restrictions (CC&Rs) against another member who allegedly caused a nuisance. The member who is suing has subpoenaed our executive committee minutes. I thought these minutes were confidential?
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THE HOA ADVISOR
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Q Our homeowner’s association is not being run properly by the board of directors. Is there a government agency that has the power to oversee homeowner’s associations?
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THE HOA ADVISOR
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Q How can I determine if my homeowner’s association has been suspended by the California Secretary of State?
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THE HOA ADVISOR
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Q In reviewing the Bylaws and CC&Rs (Covenants, Conditions and Restrictions) of our homeowner association, our board has noted several conflicts. Which document takes precedence?
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THE HOA ADVISOR
Q I am a new real estate agent and would like to specialize in selling condominiums. What types of disclosures are required to be made before a condominium can be sold?
|
»
THE HOA ADVISOR
|
Q After my recent election to the Board of Directors of our homeowners association, I carefully reviewed our governing documents. I noted that while the CC&Rs require that all buildings be repainted one of five alternative colors, at least two prior boards have ignored this provision of the CC&Rs. This has resulted in several members using unapproved colors. The current board wants to enforce the CC&Rs from this point forward. Are there any problems with this?
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»
THE HOA ADVISOR
|
Q The condominium above ours has a defective shower pan that leaks into our home. Our management company insists that we must deal directly with the person above us and will offer no assistance. Their position is that the association has no power to act. Are they correct, or should they take action to force the owner with the leaking pan to repair it?
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»
THE HOA ADVISOR
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<b>During the recent rains, the roof to my condominium leaked through a crack, causing damage to my furniture and other personal property. I have been informed by the association’s insurance company that the master policy excludes coverage for my personal property. I don’t have insurance. Can the association be held liable for not maintaining the roof?</b>
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»
THE HOA ADVISOR
|
Our homeowner association has serious water intrusion problems in the common areas. We have attempted several times to obtain a set of plans from the developer without success. What should we do?
|
»
THE HOA ADVISOR
|
Our homeowner association was recently sued by one of our members claiming that our board of directors failed to enforce the CC&Rs against another member who allegedly caused a nuisance. The member who is suing has subpoenaed our executive committee minutes. I thought these minutes were confidential?
|
»
THE HOA ADVISOR
|
In reviewing the bylaws and CC&Rs (Covenants, Conditions and Restrictions) of our homeowner association, our board has noted several conflicts. Which document takes precedence?
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»
THE HOA ADVISOR
|
I am seriously considering investing in short-term notes secured by deeds of trust. What documents should I receive from the mortgage company?
|
»
THE HOA ADVISOR
|
I am a licensed real estate agent working for a large franchised brokerage firm. I was recently seriously injured in connection with my work, which I reported to my broker. I was advised that the company does not carry workers’ compensation insurance because it considers its agents to be independent contractors. Do I have any recourse?
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L.A. traffic plan a mixed bag
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PICO NEIGHBORHOOD The thought of driving in traffic on a Friday night is enough to keep Catherine Dunn entertaining thoughts of working late, or perhaps yearning to cut out earlier in the day to escape any gridlock.
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