Author: Emily Long Archives

Codes of Conduct for Association Volunteers

Emily A. Long, Esq.

Coachella Valley Office Managing Shareholder

858.527.0111
Email
Practices: Community Association Counsel | Civil Litigation

Share this article:

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.

Avoiding Conflict: Unique Issues in Senior Housing Communities

Emily A. Long, Esq.

Coachella Valley Office Managing Shareholder

858.527.0111
Email
Practices: Community Association Counsel | Civil Litigation

Share this article:

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.

“May I Buy This Home?” No Duty Owed to Prospective Purchasers

We are often asked by board members or management about an association’s obligation to answer questions posed by prospective purchasers, or to disclose certain documents, upon receipt of an escrow demand. Understandably, association representatives wish to promptly comply with an escrow demand within the time period required by law.[1] However, it is important to keep a few things in mind when responding to these requests.

Current owners/prospective sellers are obligated to provide prospective purchasers with certain specified documents related to an association before they transfer title to a separate interest. Civil Code section 4525(a)(1)-(10) lists the documents to be provided to a prospective purchaser by an owner and includes in the list: a copy of all association governing documents, along with nine other groups of documents. These specified documents are often termed “escrow disclosures.” Upon written request, the current owner of a separate interest must provide copies of the specified documents to the prospective purchaser “as soon as practicable” before the transfer of title or the execution of a real property sales contract pursuant to Civil Code section 4525(a).

Note that it is the current owner, not the association, that has the obligation to provide the specified documents under Civil Code section 4525 to the prospective purchaser.

However, common interest developments do not always get off quite so easily when it comes to an escrow demand. Associations are obligated to be part of the escrow disclosure process, by way of Civil Code section 4530. Civil Code section 4530(a)(1) provides:

“an association shall, within 10 days of receipt of a written request, provide the owner of a separate interest, or any recipient authorized by the owner, with a copy of all the documents requested as stated under Civil Code section 4525.”

As such, associations are required to provide a copy of the specified documents to the current owner or their designated recipient (who is often an escrow agent), within 10 days of receiving a written request. Again, notice that there is no obligation under law for an association to provide the requested documents to the prospective purchaser or the prospective purchaser’s representative.

It is important that association representatives are aware of these obligations and do not stray by providing more than what is required in Civil Code sections 4525 and 4530. Also, association representatives should be wary of interacting directly with prospective purchasers or prospective purchasers’ agents or representatives during the escrow disclosure process rather than the current owners/prospective sellers. For example, we are aware that sometimes prospective purchasers will ask associations to interpret existing restrictions in their CC&Rs or other governing documents (e.g., age restrictions or short-term rental restrictions). Questions like, “Is my son age-qualified to reside with me in the community?” or “May I short-term rent my home if I purchase in your community?” are not uncommon.

While an association representative’s instinct may be to answer such questions, we advise our clients to stick to the requirements of the law and only provide copies of the governing documents or other specified document, without analyzing the prospective purchaser’s situation. Remember: the association owes no duty to a prospective purchaser, only to the current owner of a separate interest within the association. Further, the disclosure duties of an association are limited to providing copies of lawfully requested documents as stated in Civil Code sections 4525 and 4530 to a current owner or owner’s designated recipient.

To do otherwise, could possibly subject an association to liability for unlawful interference with a contract to sell real property from the prospective purchaser or seller, in the unfortunate event that the sale of the separate interest goes bad. When an association representative is asked to interpret or explain any portion of an association’s governing documents by a prospective purchaser or even a current owner, the representative should provide a copy of the governing documents (or other specified document listed in Civil Code section 4525) and encourage the prospective purchaser or current owner to consult with their own qualified representatives if they have questions about the meaning of the governing documents.

[1] This article relates only to questions of prospective purchasers and not lender questionnaires. Associations may also be required under the law to respond to lender questionnaires, in certain instances, but this topic is not covered in this article.

Codes of Conduct for Association Volunteers

Emily A. Long, Esq.

Senior Attorney

858.527.0111
Email
Practices: Community Association Counsel | Civil Litigation

Share this article:

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.

Solar Energy Systems: Regulating Owners’ Installation on Shared Multi-family Common Area Roofs

Jillian M. Wright, Esq.
Senior Attorney

Emily A. Long, Esq.
Senior Attorney

Since January 1, 2018, California common interest developments have been required to allow members to install solar energy systems[1] on shared multifamily common area roofs of buildings within which their units are located and on roofs of adjacent carports or garages. (See Civ. Code §§ 714.1, 4600 and 4746). While we do not have an abundance of mid or high-rise common interest developments in the desert, we do see many buildings with shared multifamily common area roofs.

Luckily, the requirement to allow solar energy systems does not mean that associations are prohibited from implementing reasonable requirements to guide solar energy system installation and protect associations from liability. Below, we summarize some of relevant law’s important provisions on this topic, and provide further guidance on how to remain compliant. Associations should work with counsel to develop guidelines that take into consideration the recommendations provided below.

An association shall not establish a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. (Cal. Civ. Code §714.1(b)(1).)

Owners cannot place solar panels or equipment on whatever common area they choose, but rather are limited to the buildings or structures in which they own. Also note, if a carport is adjacent to the building but is not assigned, the association is not required to allow an owner to place solar energy equipment on that carport.

When reviewing a request to install a solar energy system on a multifamily common area roof, the association must require an applicant to notify each owner of a unit in the building on which the installation will be located of the application. (Cal. Civ. Code §4746(a)(1).)

For practical purposes, we suggest any association with common area roofs include this requirement in its guidelines to notify all owners in the same building. Associations may require the applicant to provide signatures from the notified owners or certified mail receipts showing the notification was sent as part of its application process. That way, if a neighboring owner challenges the owner’s solar installation, the association has proof that the owner complied with the guidelines.

The association must require the applicant and each successive owner of that unit to maintain a homeowner liability coverage policy and provide the certificate of insurance within 14 days of approval and annually thereafter. (Cal. Civ. Code § 4746(a)(2).)

Unfortunately, the California Legislature did not clarify what an association can or should do if an owner does not comply with this requirement. We believe the Legislature would not force an association to permit a solar energy system to be installed if there is no proof that it is insured, so we think revocation of approval is appropriate in that instance. However, there are unanswered questions with respect to insurance and we recommend you discuss such concerns with association counsel.

When reviewing a request to install a solar energy system on common area, the association may impose a requirement to submit a solar site survey showing the placement of the system. If the association requires this solar survey, it must “include a determination of an equitable allocation of the usable solar roof area among all owners sharing the same roof, garage, or carport.” (Cal. Civ. Code §4746(b)(1(B).)

This provision means the association can impose guidelines regarding aesthetic standards, so long as the guidelines do not “significantly increase the cost of the system or significantly decrease its efficiency or specific performance…” as described in Civil Code §714. For example, an association can provide that the preferred location of all solar energy systems is one that results in the least visual impact. However, if the only feasible location for solar panels to be placed is on a roof which directly faces the street and any other location would significantly decrease the system’s efficiency, the association cannot prohibit an owner from placing the solar panels on the roof that faces the street.

Additionally, this provision provides that an association “may” require that an owner provide a solar site survey showing the usable area of the rooftop and the proposed placement of the solar energy system.[2] We recommend every association with common area roofs require the submission of a solar survey in its solar guidelines. Alternatively, an association may perform its own solar site survey.

As for the “equitable allocation,” we interpret this provision to mean an association may require the owner to abide by the equitable allocation as called for in the site survey by using only the owner’s share of the rooftop and leaving the remainder available for other owners of units in the building. The phrasing of Civil Code §4746(b)(1) seems to indicate that the requesting owner may choose where the solar energy system is placed, so long as the owner owns a portion of the building on which it will be placed, and complies with other requirements.

The association may require the owner and each successive owner to be responsible for costs of any damage to the common area, exclusive use common area or unit; costs for the solar energy system; and disclosures to prospective buyers. (Cal. Civ. Code §4746(b)(2).)

We highly recommend each association require an applicant to sign a license, maintenance, and indemnity agreement taking on the above responsibilities, which may then be recorded on title so all prospective buyers are put on constructive notice of the agreement. This agreement should include language which clarifies that the owner may be required to remove the solar energy system, at their cost, to allow for common area maintenance or repair.

The association must still abide by Civil Code §714.

California Civil Code § 714(a) prohibits any declaration and other governing document provision(s) from prohibiting or restricting the installation of solar energy systems outright. As such, any restrictions on the installation of these systems are declared invalid if the restrictions “significantly” increase the cost of the system or “significantly” decrease the efficiency of the system.[3] Civil Code § 714 also provides penalties for willful noncompliance and attorneys’ fees are recoverable by a prevailing party.[4]

Emily Long, Esq., Epsten, APC. Epsten, APC is a community association law firm that has been providing solutions to Southern California common interest development legal issues since 1986. You can reach Emily at [email protected].

“Associations should work with counsel to develop guidelines that take into consideration these recommendations for solar energy system installation on shared multifamily common area roofs.

[1] For purposes of these Guidelines, the term “solar energy system” refers to both solar domestic water heating systems and/or photovoltaic systems, as applicable to an Owner’s request.

[2] The cost to perform this survey shall not be deemed as part of the cost of the system as used in Civil Code §714.

[3]See Civil code § 714(d)(1)(A) and (B) for a further definition of what a “significant increase” or “significant decrease” means under the law.

[4] See Civil Code § 714(f) and (g).

*This article was originally published in CAI Coachella Valley’s HOA Living Magazine in the June 2022 edition and was adapted from the original article, Solar Panels and Solar Energy Systems: The Association’s Ability to Regulate Owners’ Installation on Common Area) as authored by Jillian M. Wright, Esq.

Emily Long, Esq., Epsten, APC. Epsten, APC is a community association law firm that has been providing solutions to Southern California common interest development legal issues since 1986. You can reach Emily at [email protected].

Associations should work with counsel to develop guidelines that take into consideration these recommendations for solar energy system installation on shared multifamily common area roofs.

Reminder to Review Association Finances During Coronavirus Pandemic

By Emily A. Long, Esq.

We have been immersed in the Novel Coronavirus pandemic in California for what is now approaching six months and, at this point, there is no foreseeable end in sight. Like all of us individually, well-functioning community associations are learning how to approach this time in history with greater flexibility and awareness of their various obligations and duties.

Despite the uncertainty of our current situation, community associations are well-advised to continue to perform their statutory duties, particularly those involving review of association finances. As you are aware, since January 1, 2019 and pursuant to Civil Code section 5500, an association board is responsible to perform an at least monthly review of financial documents and statements, including:

current reconciliations of both the association’s operating accounts and reserve accounts;
current year’s actual operating revenues and expenses compared to the current year’s budget;
latest account statements prepared by the financial institutions where the association has its operating and reserve accounts;
income and expense statement for the association’s operating and reserves accounts;
check register;
monthly general ledger; and
delinquent assessment receivable reports.

Under Civil Code section 5501, this review requirement may be met when (1) every member of the board (or a subcommittee of the board including the treasurer and at least one other board member) reviews these documents and statements independent of a board meeting, (2) the review is ratified at the board meeting subsequent to the review, and (3) the ratification is reflected in the minutes of that meeting. The board may use a resolution to ratify the review of the above-described financial documents; such resolution should be used at every monthly meeting and attached to the corresponding meeting minutes.

Keep in mind that the 2018 revisions to Civil Code sections 5500 and 5501 requiring monthly review of association finances rather than quarterly review, were made with the purpose of preventing fraud and embezzlement of association funds. In support of this purpose, boards (or board subcommittees) must continue to perform a thorough review and investigation of association financial records on a monthly basis.

The attorneys at Epsten, APC strive everyday to not only assist, but educate our clients. Please feel free to reach out to us for more information regarding this or any other community association legal issue.

Welcome Emily Long!

Please join us in welcoming Emily Long as an Associate Attorney in our Indian Wells office.

Emily obtained her J.D. from the University of Wisconsin Law School in 2008 and a B.A. with high honors in Sociology and Women’s Studies in May 2004. She is experienced in both litigation and transactional work and is excited to join the EG&H team!