Architectural Review Committee Checklist
If certain improvements have been allowed in the past, applications for similar improvements should only be rejected if there is a tangible reason (i.e., different or changed circumstances). Learn more…
Checklists
Our firm has summarized some of the most significant statutory duties imposed on community association boards and managers into convenient easy-to-use checklists. The following checklists have been compiled for boards and managers with the most significant statutory duties imposed on community associations. These checklists are condensed, so the reader must consult the statutes for important details. Most items include a citation to the statutes from which these duties are derived. We cannot guarantee that these checklists encompass all statutory obligations and certainly cannot address all contractual obligations or governing document duties which can and do vary widely.
While duties from the Corporations Code affect just incorporated associations, they might be used as guidance by a court in determining whether an unincorporated association has acted reasonably. There are now separate statutes that apply to associations that are primarily residential [CC §§4000-6150] versus those that are purely commercial and industrial [CC §§6500-6876]. See each statute for details. Provisions in these checklists citing to sections between 4000 and 6150 will apply only to associations that are not purely commercial or industrial.
Bidding Checklist
In every bidding situation, consider the following issues: Has the board defined its goals and objectives in this bid process? Are there any bidding requirements in the Association’s governing documents that the board should follow (i.e., a requirement to obtain at least 3 bids)? Learn more…
Board Duties, Fiscal Checklist
Associations must file a federal and state tax return or exemption statement by the 15th day of the third month after the fiscal year ends. Since requirements can vary, it is best to consult the association’s CPA or tax advisor regarding applicable filing or reporting requirements. Learn more…
Board Duties, General Checklist
Know if and when your declaration (CC&Rs) expires. Older CC&Rs may terminate on a specified date if not extended. Some are doing so now. Calendar the expiration and any deadline to act. Learn more…
Board Meetings Checklist
Board “meetings” are defined in Civil Code section 4090[1] and Civil Code section 5450 and must be open to members with limited exceptions for executive sessions (Civ. Code §§ 4090, 4900-4935, & 5450.) Learn more…
Contracting Checklist
In every contracting situation, from the smallest everyday project to the largest construction project, consider the following issues: Does the contractor have a valid California contractor’s license for the relevant specialty? Does the contractor have minimally acceptable levels of general liability insurance, automobile insurance and worker’s compensation insurance? Learn more…
Issues for Inspectors of Election Checklist
Issues for Inspectors of Election to Consider: The Association’s election rules may prohibit counting unofficial ballots. Please confirm with Association’s election rules.[2] The Association’s election rules may prohibit revoking or changing an original ballot. Please confirm with Association’s election rules. Learn more…
Lawsuits, You’ve Been Served Checklist
Make a written note immediately of the name of the person who was served with the papers, the time and the date. Your attorneys and insurance carrier will need to know this information, as you have only 30 days in which to file a response in State Court and 21 days if the lawsuit is in Federal Court. Learn more…
Management Company Duties Checklist
The management company must give a written statement to the board, no earlier than 90 days before entering a contract. Learn more…
Membership or Owner Duties Checklist
Owners must provide a completed statutory disclosure form to purchasers before reselling residential property. This also must be completed by a real estate agent, if any. The form is extensive and detailed and found in the statute. [CC §1102 et seq.; see e.g., §1102.6]. Learn more…
Membership Rights Checklist
On request, the association must provide members the right to inspect and/or copy the documents listed in CC §5200 following the procedures in CC §5205-5240 (Chapter 6, Article 5 of the Act. Other portions of the Act contain requirements to provide other documents to members, or at least upon request. Learn more…