This is the process of submitting a claim or potential claim to an insurance carrier. It is critical to tender insurance claims promptly and following the requirements for doing so as specified in the applicable policy or policies that might cover the claim. It is particularly important to do so regarding claims or potential claims under directors and officers liability policies and other types of “claims-made” policies. Failure to give notice in a timely manner can result in a denial of a claim even though a timely tender would have resulted in coverage. See Article, Insurance Claims, Proper Submission, and your association’s insurance agent(s) or broker(s).
Unlicensed Contractors
Contractors performing work in California are regulated by the Contractors State Licensing Board. Any contractor performing $500 or more of work (materials and labor) must be licensed by the CSLB. Performing construction without a valid contractors license is a misdemeanor. Also, unlicensed contractors cannot file a lawsuit to obtain payment for work performed even if the work was done correctly. Before contracting with any contractor, associations should check with CSLB to confirm the contractor is properly licensed and has workers compensation insurance.
Write-in Candidates
Refers to the possibility, as permitted by an association’s governing documents, of nominating a candidate for the board of directors who does not appear on the ballot circulated by the association.
Construction Schedule
A construction schedule is a time-based plan to construct a project. The two most common types of construction schedules are bar chart schedules and CPM (critical path method) schedules. The ideal baseline or as-planned schedule is the earliest complete and approved project schedule. The critical path determines the project’s completion date, and represents the longest continuous sequence of work. This is the sequence of work that must be progressed to avoid delays to the project completion date. A critical path exists on almost every project, and is dynamic and can change throughout the course of the project. Impacts to the critical path can result in a project delay.
Antennas
See Satellite Dishes
Barking Dogs
The CC&Rs for many associations prohibit noise nuisances in general and pet nuisances specifically. Excessive animal noise, including excessive dog barking, can frequently be addressed through one or both of these provisions. Additionally, local noise ordinances usually contain an express prohibition on excessive dog barking.
Ceiling
California Civil Code section 4775(a) provides that an owner is generally responsible for maintaining and repairing the components within his/her separate interest unless the CC&Rs provide for a different allocation of responsibility. Before any work is performed on a ceiling within a building constructed before 1979, that ceiling should be inspected by a licensed expert for asbestos-containing materials. If such materials are found, certain remediation and notification requirements may be triggered.
Community Apartment Project
A community apartment project is one of the four types of CIDs that are considered common interest developments in Civil Code section 4100. This type of CID is unusual and quite rare. There are only a couple of them we have seen in La Jolla, although there are others elsewhere in California. They are often mislabeled “co-ops,” but they are different from stock cooperatives although they share some characteristics in common with both condominiums and stock cooperatives. In a typical community apartment project, an association owns no real property, but it is responsible for the operation and management of the development as in any other CID. The owners either have a percentage ownership or equal fractional ownership interest in the entire development, including the separate interests (i.e., apartments or interior airspaces). Owners do not own but rather have an exclusive right to occupy the unit. Some community apartment projects may not have separate CC&Rs but were created solely by covenants recorded in the original grant deeds to the first purchasers. See Civil Code section 4105.
Covenants
In the context of community associations, a “covenant” refers to a provision within the CC&Rs, usually a restriction on the use of land or a requirement to belong to the association, and to pay assessments for the support of the association. These conditions are construed as promises by both the association and its members to abide by the CC&Rs. Traditionally enforcement of covenants was subject to diverse requirements in order to bind both parties to the covenant; accordingly, the Davis-Stirling Act says that the restrictions in CC&Rs are “equitable servitudes,” which are easier to enforce.
Discipline of Member
Discipline of a member is largely controlled by Civil Code section 5855. The most basic requirements follow the 10/15 rule. Members must be notified of a hearing at least 10 days prior to the meeting and notified of the outcome within 15 days following the meeting (governing documents may require a longer notice period). If your association does not have a fine policy, the association should draft and adopt one pursuant to Civil Code section 4360. Ensure that all disciplinary measures are well documented with hard copy letters and consistent application of the association’s fine policy.