Epsten, APC

The most common situation in which a common interest development becomes involved with the California Attorney General is when someone, usually a member, files a complaint with the Attorney General’s office alleging some failure to comply with the provisions of the Corporations Code dealing with member meetings (§7510 et seq.), voting and elections (§7610 et seq.) or inspection of corporate records (§8210 et seq.). The Attorney General will send a notice of the complaint to the corporation which has 30 days to answer. If the Attorney General does not believe the answer is satisfactory, the Attorney General may take various actions and seek remedies for apparent violations.

The Americans with Disabilities Act (ADA) is one of the federal laws pertaining to accommodations for the disabled. See 42 USC 12101 et seq. Community associations are generally not subject to the ADA, except when some or all of the common areas are open to the public at large. However, community associations are subject to the Federal Fair Housing Amendments Act of 1988 (42 USC 3601 et seq.) which does provide protections for the disabled, as well as various state and local laws pertaining to the disabled. See also, “Fair Housing Laws.”

Compensation for legal services performed by a lawyer or law firm personnel at the request of a client, in or out of court. Attorneys’ fees may be billed on an hourly, flat-rate or contingent fee. In litigation, attorneys’ fees are separate from fines, compensatory and punitive damages, and court costs. In the instance of a lawsuit, attorney fees are not paid by the losing party to the winning party except pursuant to specific statutory or contractual rights.

The generic term for restrictions based on age which are part of several recognized types of senior housing/housing for older persons (e.g., “55+” or “all-62” housing), as defined in state and federal law. To impose restrictions or rules based on age in communities not otherwise qualified as senior housing may result in a violation of various fair housing laws.

Generally, associations do not have routine cause to either perform a fiscal audit or be subject to an outside audit. Audits are thorough reviews of all association fiscal records, including operating and reserve accounts. The purpose of an audit is to ensure that no fiscal mismanagement has occurred. If you receive notice of an audit, immediately contact your legal counsel.

The act of altering a governing document. With some exceptions, the amendment of CC&Rs and bylaws requires a member vote, while the board has the authority to amend rules. The percentages of member consent required for amendment are normally set forth in the governing documents themselves. Occasionally the consent of persons or entities other than the members (e.g., lenders) is required as well. The Davis-Stirling Act also contains a procedure for application to the Superior Court for approval of a proposed CC&R amendment when sufficient owner consents cannot be obtained. (Civ. Code §4275)

The American Institute of Architects (“AIA”) publishes more than 120 contracts and administrative forms that are recognized throughout the design and construction industry as documents for managing transactions and relationships involved in construction projects. AIA documents are grouped by family and by series. Documents in the same family are coordinated to tie together the various legal and working relationships on the same project types or delivery methods. They are linked by common terminology and procedures and may also adopt one another by reference. Documents in each series reflect the purpose of the document. For example, owner/contractor agreements are found in the A series.

The governing documents may not limit or prohibit the display of the United States flag on or in the owner’s separate interest or exclusive use common area, except as needed to protect public health or safety. (Civ. Code §4705; Govt. Code §434.5; 4 U.S.C. § 5) Certain noncommercial signs and flags are also permissible in common interest developments. (Civ. Code §4710) See each statute for specific requirements and limitations.

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.