Home Articles: Community Association Law

Former Board Member Duties

Jillian M. Wright, Esq.

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Practice: Community Association Counsel

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What happens when a board member’s term ends or they step down? Serving on the board of a homeowners’ association is a big responsibility. Board members act as fiduciaries for their communities, making decisions that affect the financial health and harmony of the association. While former board members no longer have decision-making authority, they continue to hold certain duties and ethical responsibilities that protect themselves and the association.
 
Continuing Fiduciary Duties
One of a board member’s fiduciary duties is the duty of loyalty, which includes a duty to maintain confidences, such as information received in executive session meetings. Board members have access to sensitive legal and financial information. A former board member must still protect confidential and privileged information acquired during their tenure to avoid harming the association.
 
The legal and policy reasons for imposing the duty to maintain confidences (despite laws generally favoring transparency) survive a director’s term of office. The duty to maintain such confidences is an outgrowth of the fiduciary duty of an agent to his or her principal. When an agent receives confidential information in the course of that agency, the agent is bound to maintain that confidence even after the agency has terminated.
 
State law echoes these policy concerns in Government Code section 54963, part of the Brown Act, which provides that “[a] person may not disclose confidential information that has been acquired by being present in a closed session…to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information….” While the citations above do not pertain directly to common interest developments, the portion of the Davis-Stirling Common Interest Development Act titled Open Meetings Act was modeled after the Brown Act. As such, this law is instructive as to how a court might ultimately rule on the matter. This law is also instructive as to how a board should address the issues of confidentiality at executive session board meetings.
 
Keeping information confidential also extends to use of the membership list. Board members have access to owners’ personal information, and in some cases, they have more information than owners feel comfortable sharing with the community (i.e., the personal information of owners who have opted out of having their names and contact information included in the membership list; phone numbers, which owners are not entitled to obtain when requesting the membership list). Board members should return this record to management and not use the confidential information contained in this list for their own personal agenda. Practically, this information changes with time anyway, so people who previously allowed their contact information to be included in the membership list may have later opted out. For a former board member to use an old membership list to contact owners or worse, send that old membership list to other people, would be a breach of their fiduciary duty to maintain that confidential information and would render an owner’s choice to opt out meaningless.
 
Practice Tip
Board members must promptly return association property – keys, access cards, laptops, digital files, or email accounts –upon leaving their role. The new board or management should make sure access codes and passwords are changed upon the transfer of power.
 
Conclusion
Stepping down from the board does not erase all of the responsibilities that come with the role. Former board members should maintain confidentiality and assist in the smooth transition of knowledge and records. Responsible stewardship is the key to avoiding liability for the association and themselves personally.

Don’t be Lured into Using the Barnacle to Address Illegal Parking

Karyn A. Larko, Esq.

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Practices: Community Association Counsel 

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Some security patrol companies are touting the use of the “Barnacle” to combat illegal parking in the common area.  They claim that it is a quicker, easier, and less burdensome method of parking enforcement than towing.
 
The Barnacle is a device that attaches to the front windshield of a vehicle, fully obstructing the driver’s view so the vehicle cannot be driven.  The driver must pay a fine in exchange for obtaining the code needed to remove the device.
 
While this device is certainly effective in immobilizing illegally parked vehicles, its use, as well as the use of boots and other similar devices, is illegal in California.
 
In 2004, the Office of the California Attorney General determined that the use of the boot, which immobilizes a vehicle, constitutes “tampering” in violation of California Vehicle Code section 108522 because it negatively impacts the vehicle owner’s use and enjoyment of their vehicle.  Section 108522 provides that:

“No person shall either individually or in association with one or more other persons, willfully injure or tamper with any vehicle or the contents thereof, or break or remove any part of a vehicle without the consent of the owner.”
 
While the Barnacle immobilizes a vehicle in a different way, it still serves the same purpose as the boot, which is to prevent the vehicle from being driven.  Under the California Attorney General’s analysis, the use of the Barnacle also violates California Vehicle Code section 108522 because it also negatively impacts the vehicle owner’s use and enjoyment of their vehicle.
 
Neither the law nor the Office of the California Attorney General is exempt from section 108522 devices used to enforce legitimate parking restrictions.
 
For now, this means that the only effective way to enforce common area parking restrictions when fines and membership suspensions are not working is to tow, even though towing comes with its own set of risks.
 
PRACTICE TIP
Before towing any vehicles from the common area, make sure the Association has the signage required by California Vehicle Code section 22658 prominently displayed at all entrances to the community.  As an extra precaution, additional signs warning that illegally parked vehicles may be towed should be displayed periodically within the community.

Emerging Generative Artificial Intelligence Governance in Community Associations

Gabriel P. Huerta, Esq.

Attorney at Law

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Practices: Civil Litigation & Appeals

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On July 29, 2024, the American Bar Association issued Formal Opinion 512, its first formal ethics guidance on the use of generative artificial intelligence (referred to as “GAI”). While addressed to attorneys, these ethical guideposts affect directors and managers when employing GAI in the daily operations of their community associations.

Formal Opinion 512 highlights the duties of competence and confidentiality under Model Rules of Professional Conduct sections 1.1 and 1.6. Directors and managers hold similar fiduciary duties, which have been discussed in the previously posted Best Practices article. The key takeaway as to competency is that directors and managers need to understand that GAI can “hallucinate” – that is, produce false or misleading content. Thus, all GAI-assisted output should be treated as an assistant for the first draft, not as the final editor. Directors and managers can be trained in GAI literacy by focusing on input parameters and output verification to ensure accurate work product.

As for confidentiality, directors and managers are custodians of association records. For every GAI software that an association utilizes, it is important to verify each software’s policies pertaining to data encryption, storage location, document retention, and user accessibility. It is also important to know whether data input by the user is used to train language learning models. These verifications ensure data security and privacy compliance as GAI becomes integrated into the standard operating procedures of associations, especially for niches such as the Safe at Home Program under Civil Code section 5216.

Additionally, Formal Opinion 512 highlights the importance of transparent communication under Model Rules of Professional Conduct section 1.4. Just as attorneys must disclose substantive GAI tool usage to clients, directors and managers have the same obligation. For example, directors and managers maintain a duty to disclose to the community whenever GAI is used to help perform association duties, such as GAI-assisted dictation software that produces meeting transcripts. Disclosing to the community of said use would create an expectation to have all meetings, as well as hearings, transcribed. In turn, transcripts would be responsive to formal records request under Civil Code section 5200 et seq. and become further discoverable in litigation. While GAI-assisted transcription may help document exactly what members say at meetings, the persistent use of GAI-assisted dictation software may burden the association more than help it.  

Further, Formal Opinion 512 also impacts attorneys’ fees under Model Rules of Professional Conduct section 1.5, stating that attorneys should bill only for reviewing GAI output and not simply using it. Directors and managers would be keen to review their engagement agreements and applicable vendor contracts for any terms requiring GAI disclosure and verification. Soon, more attorneys are going to be required to disclose GAI use in fee agreements, and whether the time spent learning or training to use GAI is billed.

Though GAI implicates several fiduciary duties, it also presents an opportunity for community associations to enhance their standard operating procedures. Implementation can start with straightforward, low-sensitive tasks such as a resident newsletter or a welcome flyer to build user confidence. Over time, directors and managers can develop prompting skills without simply pasting content into GAI software and thus inadvertently exposing sensitive information. (e.g., draft a concise, understandable [output] for residents about [topic]; change tone to courteous but firm; create a seasonal maintenance checklist for a community association with [type of amenities] and [X] as the budget).

There are free and very affordable, low-cost options for GAI software, many of which contain templates for infographics, FAQs, or meeting slides. As automated usage grows, associations may need to budget for upgraded versions of software, so long as the cost is justified by work product. At a higher budget tier, and with guidance from legal counsel and an Artificial Intelligence Governance professional, chatbots can be designed and integrated to field association duties when managers are off the clock, such as maintenance requests. Using predictive analytics, directors or managers with business backgrounds may be able to utilize GAI to forecast maintenance and other financial needs when completing reserve studies.

Whether drafting documents, managing communications, or analyzing data, the accessibility of GAI to streamline tasks is ever-present. With the right knowledge and discipline, directors and managers can appropriately engage with GAI to make protocol more efficient, creative, and tailored to their members. Despite all that GAI can do, only humans can build communities.

From Statute to Summons: How AB130 Impacts Community Association Litigation

Hannah I. Hughes, Esq.

Attorney

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Practice: Civil Litigation

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Since AB130’s enactment on July 1, 2025, this small bill has left community associations with a big question: how does this bill affect future litigation? For community associations, this bill is likely to fuel more disputes, increase pre-litigation friction, and ultimately drive more matters to the courtroom.

One of the most notable changes in AB130 is the reduction of allowable fines for common violations. Although intended to promote “fairness” and prevent what some legislators viewed as excessive penalties, the practical effect for community associations is very different. By lowering fines, AB130 unintentionally removes one of the most effective tools community associations have for achieving compliance with their Governing Documents—and in doing so, sets the stage for more violations, more disputes, and ultimately more litigation.

For better or for worse, fines work because they create consequences for those who fail to follow the Governing Documents. When owners know a violation will cost them a meaningful amount of money, they tend to comply more quickly. But with AB130 reducing fines, many violations will now be too minor to influence owner behavior, or the fine will be cheaper to ignore than to fix. In other words, AB130 now makes noncompliance with the Governing Documents a low-risk choice that will only cost $100 should an owner choose not to comply. When owners feel there is no downside to a violation, violations will increase—and with them, the disputes and enforcement actions that may ultimately end in litigation.

Because fines are now less effective in gaining owner compliance, boards may have no choice but to move from routine enforcement to seeking injunctive relief through litigation. Historically, fines have served as a pre-litigation buffer to encourage owner compliance because owners rarely want fines to accumulate. However, now that AB130 removes that buffer, community associations’ options for achieving compliance are reduced, and they will be forced into court sooner and more often.

Ironically, the reduced fines may create more unfairness than the fairness they were enacted to address. Reduced fines do not reduce conflict; instead, they reduce compliance by removing a key buffer in owner disputes. By removing this buffer, community associations can expect disputes to escalate more quickly and ultimately cost more as they head to the courtroom more often.

From Proposal to Policy: Navigating the Twenty-Eight-Day Review and Comment Period

Victoria R. Minor, Esq.

Attorney

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Practices: Community Association Counsel 

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Regularly reviewing and updating community rules and policies is one of the most effective ways a community association can promote clarity, consistency, and harmony within the association.  Over time, laws evolve, community needs shift, and previously well-intended rules may become outdated or impractical.  By proactively evaluating their operating procedures, boards can ensure their associations’ rules and policies remain legally compliant, reflect current best practices, and continue to support their communities’ long-term goals.

With that in mind, understanding the statutory process for adopting or amending common interest development association rules and policies is critical for boards to ensure effective and compliant governance.

California Civil Code section 4360 grants members of  an association a twenty-eight (28) day period to review and comment on most rules and rule amendments prior to their adoption.  This means, before  a board can formally vote to adopt a proposed operating rule or proposed policy, the board must first allow the members to review the proposed rule or policy and provide their questions and/or comments to the board.  

To begin this process, the board must provide written notice of the proposed rule change to all members at least twenty-eight (28) days before the date of the meeting whereat the board will consider and vote on the proposed rule or policy.  This notice must include the text of the proposed rule/policy, an explanation of the purpose and effect of the proposed rule/policy and the date, time, and location of the meeting whereat the board will consider and vote on the proposed rule/policy.  During this twenty-eight (28) day period, the members may review the proposed rule/policy and submit their comments on the proposed rule/policy to the board for its consideration.  

When considering comments received from the members, the board should keep in mind that while it must review and consider all comments received, it is not required by law to revise the proposed rule or policy in direct response to comments received.  Unless, of course, the comments identify aspects of the rule that would make the proposed rule/policy invalid or unenforceable, as further detailed in Civil Code section 4350.  For example, if the board receives a comment from a member identifying some aspect of the rule/policy that would conflict with governing law or the association’s governing documents, the board must revise the rule/policy to address this conflict.  Otherwise, after considering all comments received from the membership at an open board meeting, a board may choose to move forward with the proposed rule or policy as originally drafted.

After the twenty-eight (28) day comment period comes to a close, the board may vote to formally adopt the rule at an open board meeting.  Once the board has formally adopted a rule/policy, the board must provide the members with general notice of the rule change within fifteen (15) days after making the rule change.

Keep in mind that if your association’s governing documents require a longer than twenty-eight (28) day comment period, that longer period of time may apply despite the twenty-eight (28) day time period stated in Civil Code section 4360(a).  When considering adopting or amending a new rule or policy, it is recommended the board consult with the association’s legal counsel to ensure compliance with the above-mentioned statutory requirements and the association’s governing documents.  

Codes of Conduct for Association Volunteers

Emily A. Long, Esq.

Coachella Valley Office Managing Shareholder

858.527.0111
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Practices: Community Association Counsel | Civil Litigation

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Generally, board members of common interest developments are volunteers dedicating their time, skills and energy to serve the communities within which they live. Indeed, without these director volunteers, community associations would be unable to properly function. Similarly, committee members are volunteers who work on specific projects within a community. Often, committee work is a valuable first experience which can entice a member to become more involved and to eventually run for the board. However, there is a steep learning curve upon entering the world of association governance.

In order to help board and committee members understand the association’s expectations for service, codes of conduct can be particularly helpful.  Not only do codes of conduct codify association expectations, they can also serve to educate board and committee members and help minimize association liability.  Boards might therefore consider adopting codes of conduct that cover the following topics, among others:

        • Prohibiting the acceptance of any gift, gratuity, favor, entertainment, loan, or any other item of monetary value by a board or committee member from a person who is seeking to obtain a contractual or other business or financial relationship with the association.
        • Clarifying that board and committee members may not engage in any writing, publishing, or speech that defames any other member of the board, committee, employee, or resident of the community.
        • Establishing that board and committee members may not knowingly misrepresent facts to the residents for the sole purpose of advancing a personal cause or influencing the residents.
        • Prohibiting board members from discussing sensitive and confidential matters discussed in executive session, outside of executive session, or with anyone who is not on the board (with the exception of management and association counsel).
        • Prohibiting board or committee members from seeking to have a contract implemented that has not been duly approved by the board.
        • Prohibiting board or committee member interference with an association contractor performing work.
        • Clarifying that board and committee members may not harass, threaten, or attempt through any means to control, instill fear or discriminate against any member of the Association, management company, service provider, or community resident.
        • Preventing interference by board and committee members with the system of management established by the board as a whole and the management company.
        • Reminding board members that they must operate as a board and do not have any individual authority unless it is specifically granted to them in writing by the board or the Association’s governing documents.

Often, codes of conduct may be adopted as rules of procedure by way of approval by the board at an open session meeting, rather than by following the rulemaking procedures spelled out in Civil Code section 4360. However, we encourage you to first speak with your association’s legal counsel to review your association’s governing documents and discuss your community’s particular needs prior to adopting such rules.

Enforceability of these codes of conduct is another important issue to consider when preparing draft rules. It is recommended that any code of conduct specifically list the consequences for a violation of the code of conduct.  Reasonable penalties for violation might include: public or private censure by the board, removal of an officer title, and/or removal from committee service by the board.  It is unlikely that violation of a code of conduct may result in unilateral removal of a board member by the board, but speak with your association counsel on this issue.

Is My Mic On? Concerns Surrounding Recording Board Meetings

Rhonda R. Goldblatt, Esq.

Senior Attorney

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Practice: Community Association Counsel

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Is My Mic On? Concerns Surrounding Recording Board Meetings

Association members may try to record board meetings. Such recording may even be surreptitious. However, there are concerns surrounding permitting the recording of board meetings of which boards and management should be aware.

First, recordings may serve as evidence in subsequent litigation. Association members who try to record board meetings may do so in order to compile such evidence to support their claim. Associations should think twice about fueling a member lawsuit for obvious reasons. A single stray remark may end up exposing an association to liability.

Second, those present at the meeting may be uncomfortable being recorded. A recording device may have a chilling effect on directors and management who are trying to conduct association business without worrying about the specter of potential future litigation.

The Davis-Stirling Act does not require board meetings to be recorded. California Penal Code section 632 in fact prohibits recording a confidential conversation without the consent of all parties. Subsection (a) of the statute provides in part:

A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

Boards may want to consider including a statement on meeting agendas that recording the meeting – via audio or video – is prohibited. Boards can also consider stating at the beginning of a meeting that recording is prohibited (and noting that statement in the meeting minutes). Doing so will help create a documentary record that any recording is nonconsensual per Section 632. This is important because under subsection (d) of the statute, evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of Section 632 is not admissible in a lawsuit. 

Finally, it is worth pointing out that Section 632 does not apply to the use of hearing aids and similar devices for “persons afflicted with impaired hearing” for the purpose of overcoming the impairment to permit hearing sounds ordinarily audible to the human ear. This caveat essentially brings those with impaired hearing to equity, by allowing them to hear what others do. 

For additional advice on this subject, please reach out to your friendly community association counsel.

Ensuring a Smooth Transition: Best Practices for Changing Management Companies

Jillian M. Wright, Esq.

Shareholder

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Practice: Community Association Counsel

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Ensuring a Smooth Transition: Best Practices for Changing Management Companies

*Article originally published in CAI-SD Community Insider Magazine, Summer 2025

Switching community management companies is a major undertaking for any community association. A smooth transition requires careful planning, forethought, clear communication, and attention to legal and operational details. Without proper preparation, a change in management can disrupt financial operations, delay maintenance, and create confusion among the association’s homeowners and vendors.

To ease the management transition, associations should focus on five key areas: (1) strategically timing the transition; (2) communicating with the outgoing management company; (3) preparing for the transition; (4) ensuring proper records transfer; and (5) notifying homeowners of necessary updates.

Timing the Transition Strategically

Management contracts often have termination clauses and required notice periods that must be adhered to before the association can terminate their current management company. A termination outside of the delineated termination provisions or notice periods may be invalid, subject to monetary penalties, and/or subject to legal action by the management company. If the board has concerns regarding a potential breach of contract or would like to transition to new management, we recommend consulting with the association’s legal counsel prior to taking any action.

Note that the timing of management transitioning can significantly impact the association’s operations, so the board should endeavor to schedule the transition at a time that minimizes disruption and aligns with the association’s financial and operational cycles. For example, transitioning towards the end of an association’s fiscal year may jeopardize the timely mailing of the association’s annual board report, annual policy statement…etc. Changing management companies during significant maintenance projects, elections, or community-wide events may also unnecessarily complicate the transition, create delays, and lead to potential unwanted liabilities for the association.

Communicating With The Outgoing Management Company

Once the board has executed a contract with its new management company and reviewed the parameters of termination for its outgoing management company, the next step is to formally provide notice of termination for the latter. This should be done professionally and in writing, either by the new management company or the association’s legal counsel, following the termination terms outlined in the contract (e.g., to whom the letter should be addressed and delivered). The notice of termination should include, but is not limited to: (1) the effective date of termination; (2) instructions for record transfer; (3) a request for clarification of homeowner assessment payment procedures; (4) a request for a summarization on any outstanding/urgent association matters; (5) the new management company’s contact information; (6) and a transition checklist compiled by the board, new management, and/or the association’s legal counsel to help ensure all association records and homeowner/vendor data are transferred in a timely manner.

Maintaining a cooperative relationship with the outgoing management company can facilitate a smoother transition. If possible, the board should request a transition meeting to ensure open communication and address the foregoing.

Preparing For the Transition

It is important to establish clear responsibilities for both the outgoing and new management companies. A good place to start would be for the board to review its outgoing management contract to confirm the parameters of the outgoing management’s transition assistance in the event of its termination.

Simultaneously, the board should collaborate with its new management company to outline a transition plan that ensures continuity of service (e.g., when/how to relay the transition to new management to the association’s members and financial/vendor representatives, any changes in homeowner assessment payment procedures, association information portals, methods of communications with new management…etc.) Such information is crucial to avoid disruption to the association’s daily operations and any confusion for homeowners and the association’s vendors.

Oftentimes, a board member familiar with the day-to-day operations of the association may be designated to assist the new management company with the transition process.

Ensuring Proper Transfer of Records

Once terminated, the outgoing management company has a duty to transfer the association’s records to the association’s new management company. All association records, information, and property must be released in a timely manner to new management and any refusal to cooperate constitutes a breach of outgoing management company’s professional code of conduct and may subject outgoing management to legal action. While the board can assist the new management company in verifying whether all necessary records were transferred from outgoing management to new management, the onus is on new management to highlight any missing records/information. As missing or incomplete records can create significant operational challenges, it is highly recommended for boards to take an active role in overseeing any transition of management.

The following critical records, whether past, current, and/or proposed, should be transferred:

  • the association’s governing documents, including any amendments;
  • all financial records (e.g., annual budget reports, reserve studies, operating budget, annual/interim financial statements, bank statements/information and check registers, state and federal tax returns, reserve account balances/payments);
  • all insurance policies;
  • all routine and in-progress vendor contracts and insurance/warranty records;
  • all employees contracts, contact information, and records,
  • all board agendas and meeting minutes;
  • all election materials;
  • miscellaneous items (e.g., passwords to all digital properties/accounts, membership list, homeowner assessment account histories and enforcement records, architectural records, litigation files, keys.) See Civil Code sections 5200 et. seq for a list of all association records.

Having complete records will help the association function smoothly as boards change and memories fade.

Notifying Homeowners of Necessary Updates

Homeowners should be informed well in advance of the transition to new management to ensure proper communication channels and timely payment of the association’s regular and special assessments.

The new management company should send a notice to homeowners including clear instructions on how to update any automatic assessment payments and mailing addresses for regular/overnight payments. The notice should clarify whether the new management company will field general inquiries and billing questions from homeowners regarding the management transition prior to their official start date.

Frequent communication with homeowners is key, so it is a good idea for the association to send multiple email reminders and update the association newsletter or community bulletin boards to reinforce the changes. The board’s goal is to minimize confusion and ensure homeowners understand their role in assisting with a successful transition.

Thoughtful execution of these five integral steps will minimize disruptions and ease the potentially complex management transition process.

Avoiding Conflict: Unique Issues in Senior Housing Communities

Emily A. Long, Esq.

Coachella Valley Office Managing Shareholder

858.527.0111
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Practices: Community Association Counsel | Civil Litigation

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Avoiding Conflict: Unique Issues in Senior Housing Communities

*Article originally published in CA-CV HOA Living Magazine, September 2025

If you’re a resident of the Coachella Valley—or someone who comes here to work or play—you know about the demographic makeup of our communi­ties. Older adults from across the country (and the world) choose to come to our beautiful valley to live out their retired lives, in search of a warmer climate and a high quality of life. The Coachella Valley’s economy and social fabric rely upon these older adults and their investments throughout the desert cities.

As verified by the U.S. Census Bureau, the population of the Coachella Valley is older in comparison with the rest of Riverside County. As of 2023, 19.4% of the Coachella Valley’s residents are indi­viduals aged 65 and older. By contrast, throughout all of Riverside County, only 15.7% of residents are aged 65 years and older.

In addition to having a generally older population, we also have a large number of senior housing communities in the Coachella Valley. Senior housing communities must satisfy both federal and state laws on senior housing in suggestions for preserving open com­munication with older residents before a conflict escalates into a full-blown dispute.

At the outset, senior housing com­munities are unique from other types of housing because they often offer cama­raderie and fellowship to seniors, along with services in addition to housing. Some senior housing communities in the Coachella Valley provide recreational opportunities, extra amenities, on-site services (e.g., beauty salon, library, private space rental, restaurants), as well as association-sanctioned committees, interest groups, and social events.

It is not uncommon for individuals working in senior communities to develop deeper relationships with res­idents; sometimes even forming close friendships. Such relationships can be extremely valuable to all involved. Unfortunately, these relationships can also open an association and its board members to possible liability if the association doesn’t closely follow the requirements in the law or governing documents. The likelihood of conflict can increase if there is a preexisting relationship, as feelings may be hurt when the association exercises its enforcement powers as required under applicable law.

Below are a few helpful tips to prevent conflicts from growing into bigger problems.

COMMUNICATION PREFERENCES

All people—no matter their age— appreciate direct and clear communi­cation. However, with rapid advances in technology in recent years, some older members may not have the same tech­nological skills that younger members have. This can make it harder for older residents to communicate effectively with the association electronically.

Younger members may consent to “electronic delivery” of association notices and competently open and review all correspondence. However, many senior members of Coachella Valley communities prefer the tele­phone, even if they list an email as their preferred delivery address.

As a general practice, if the asso­ciation sends a notice through a member’s preferred delivery method but receives a phone call in response, taking the time to return that call goes a long way. Confirming by phone that the owner received and reviewed the order to protect their “senior housing” status. This federal status legally allows a senior housing community to require residents to be of a certain age without facing claims of age discrimination.

This article does not discuss the legal requirements of senior housing communities—the literature on that topic is vast. Rather, it touches on ways to reduce conflict and provides practical correspondence shows courtesy and helps build trust. While telephone com­munication is not legally recognized notice, it is an appreciated courtesy.

Similarly, if an owner calls the management office to file a complaint, management should redirect the owner to submit the complaint in writing— either dropped off, mailed, or emailed. Taking the time to explain why written documentation is required may be new to that resident. Delivering this message by phone and making a note in the owner’s file will likely make the owner feel acknowledged and reduce the chance of escalation.

NOTICES

Association notices are generally provided by either “general” or “individ­ual delivery.” General delivery is often the default under the Davis-Stirling Common Interest Development Act. Civil Code § 4045 outlines several methods of general notice, including:

  • Including the notice in a billing statement, newsletter, or other document (Cal. Civ. Code § 4045(a)(2));
  • Posting in a prominent, designated location (Cal. Civ. Code § 4045(a)(3));
  • Posting on the association’s website (Cal. Civ. Code § 4045(a)(5)); or
  • Providing by “individual delivery” if requested (Cal. Civ. Code § 4045(a)(1)).

Rule changes, board or member meeting notices, and most election notices must generally be provided by general delivery unless governing documents state otherwise.

Notices requiring “individual deliv­ery” are less common. Each year, asso­ciations must solicit members’ preferred delivery method(s). A member may now designate up to two mailing addresses or two emails for individual notices.

Flexibility is important in senior communities. For example, an owner may initially request email delivery but later ask for paper notices instead. It is typically best to honor the request, even if not worded formally. Similarly, if an owner requests a mailed copy of a notice after receiving an email blast, sending the copy and following up for clarification is often the most practical solution.

IF ASSESSMENTS GO UNPAID

If assessments that were once paid on time stop being paid consistently, it may be worth making a phone call. Before calling, the association should consult its collections provider to ensure com­pliance with the Fair Debt Collection Practices Act (FDCPA). Older residents may be more likely to experience life or health changes that impact timely pay­ments, and a proactive, compassionate approach can help.

CONTACTING THE PROFESSIONALS

If the board or management becomes aware that a resident poses a health or safety risk to themselves or others, the association should immediately contact the appropriate authorities and encour­age residents to do the same. Dialing 9-1-1 in emergencies is always the right step. Associations should also assist with preparing a police report if requested, while keeping information confidential for privacy reasons.

Additionally, Riverside County’s Office on Aging connects seniors and families with support systems. Association representatives may contact the Office if an owner needs additional assistance. The Office oversees more than 27 programs and services that promote dignity, well-being, and inde­pendence for older adults and adults with disabilities. Since management staff are not trained social workers or medical professionals, it is important to reach out to the proper resources when needed.

No matter the age of the resident, people appreciate being heard and acknowledged. Managing communities to foster mutual respect and concern benefits both staff and residents. Hopefully, these small tips will help bring peace to your community.