Swimming Pools
Swimming pools often serve as a focal point for community activities, gatherings and board meetings. Pools are subject to a myriad of state regulations and potentially federal regulations. Statutory requirements for signage, fencing, equipment and access can change on a yearly basis. Contact your association’s legal counsel before making any major decisions regarding your swimming pools.
Trusts
Form of property ownership wherein legal title to property is conveyed by the “trustor” to a “trustee,” while the equitable right to the property is enjoyed by the “beneficiary” of the trust. A form of trust, generally known as a revocable, inter vivos, or family trust, is a common estate planning device.
Wage Garnishment
This is a mechanism for enforcing a judgment. If it is determined by an investigation or other means that a judgment debtor is employed at a wage earning job, the association can obtain a Writ of Execution from the Court and instruct the Sheriff to garnish the judgment debtor’s wages and pay them to the association in satisfaction of the judgment. [Code Civ. Proc. § 706.010 et seq.]
Fiduciary Duty
Having a fiduciary duty to another involves being in a position of confidence and trust. A director owes a fiduciary responsibility to the association and to all of its members. The director’s personal needs and desires must be put aside in favor of the director acting in good faith and in the best interests of the association and the entire membership. See Corp. Code section 7231 and Civil Code section 5800.