In today’s economy, many associations are faced with situations where the owner cannot or will not evict unruly tenants. In these situations, associations with eviction authority in their CC&Rs may pursue eviction action against tenants who violate the governing documents. If eviction language is not present, you can amend eviction authority into your CC&Rs. Contact your attorney to discuss your options further.
Workers Compensation Insurance
This type of insurance is required by law for any association that has employees and for any association’s vendor that has employees. It is intended to be the exclusive remedy against an employer for bodily injuries that occur to an employee while the employee is working on behalf of the employer. Insurance professionals often recommend that associations carry at least a basic workers compensation policy. Such a policy is needed to protect and defend an association against claims from persons who allege that they were employees of an association at the time an injury occurs even if the association believes they were not employees, or in cases where a vendor cancels workers compensation coverage or allows it to lapse after work for an association commences.
Member
See Membership
Annual Policy Statement
Every year, pursuant to Civil Code section 5310, community associations are required to provide their members with Annual Policy Disclosures. These disclosures range from the association’s discipline policy to their delinquent assessment policy. These disclosures must be provided to members no more than 90 and no less than 30 days prior to the end of the association’s fiscal year.
Bank Statements, Reviewing
Pursuant to Civil Code section 5500, board members have a fiscal duty to review the latest account statements prepared by the financial institutions where the association has its operating and reserve accounts. In addition to other duties set forth in this section, this particular duty aims to prevent embezzlement, theft and misappropriation of association funds.
CC&Rs
A recorded document (generically referred to as the “declaration” of “conditions, covenants and restrictions” or “CC&Rs”) setting forth use restrictions governing the common interest development, making membership in the association, and payment of assessments, mandatory. “CC&Rs” may also refer to recorded amendments of the original CC&Rs. For CC&Rs first recorded after January 1, 1996, the declaration has to contain a legal description of the development, a statement identifying the development as one of four types of common interest developments, the name of the association, the use restrictions, and (occasionally) other statutorily-mandated items. Civ. Code §§4250, 4255.
Common Interest Development or “CID”
This is the generic term used to describe the types of developments that are subject to the Davis-Stirling Act, specifically condominium projects, planned developments, stock cooperatives and community apartment projects. This is defined in Civil Code section 4100. Requirements for establishing a common interest development are found in Civil Code section 4200, and there is a requirement that no common interest development can exist if it has no common area. (Civ. Code §4201)
County Tax Assessor
Most associations have streets and common area parcels/lots that were deeded to them by the developer. In most cases, the mailing address for tax bills (if any) would go to the association c/o its management company. In some cases, the last known mailing address for those streets and common area parcels/lots is that of the developer. Unfortunately, the easiest way to verify the ownership and mailing address for each of the Association’s streets and common area parcels/lots is through a title company or through the law firm that has title plant access.
Disability
A physical and/or mental condition which interferes with a life function. The definition of disability differs slightly under state and federal law. A person suffering from a disability may be entitled to a reasonable accommodation (or the right to make a modification at the applicant’s cost) under state and/or federal law, generally by reference to California’s Fair Employment and Housing Act (Gov. Code 12900 et seq.) or the federal Fair Housing Act (42 USC 3601 et seq.)
Electronic Communication
The Corporations Code generally defines electronic transmissions as communications delivered by fax, email, electronic message boards or other means. Members may give consent to the board to transmit certain types of communications, notices or disclosures to members via electronic communication. Consult with your attorney for further information concerning consent and the types of electronic communications authorized under the law.