Home Association Operations

Don’t Get Stuck with the Bill: Protect Your Association from Mechanics Liens

Jacquelyn E. Quinn, Esq.

Senior Attorney

858.527.0111
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Practices: Community Association Counsel | Commercial CID

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A mechanics lien is a legal claim that contractors, subcontractors, laborers, or material suppliers can file against a property when they are not paid for work or materials provided. Typically, any person who works on the property under a contract—whether directly with the association or through a general contractor (i.e., material supplier)—may have lien rights. In California, this right is protected by statute to ensure that those who contribute to property improvements are compensated.

For community associations, mechanics liens can pose serious risks, especially when work is performed on common areas. A lien on the common area can impact and even prevent owners from selling or refinancing their properties. Even if the association itself has paid its direct contractor, a material supplier who is unpaid may still assert a lien against the common area property or, in some cases, against the individual owner’s separate property. Because of this, an association must take proactive measures to prevent liens from arising and to minimize exposure if one is filed.

Steps an Association Can Take to Protect Itself from Mechanics Liens

      1. Use Written Contracts with Clear Payment Terms:
        Every project, no matter how small, should be governed by a written contract. The written contract should include provisions that specify payment schedules, require lien releases before payments are issued, and require the contractor to indemnify the association and its members against liens that may be filed. The contract should also require the contractor to comply with all lien laws and to ensure that all subcontractors and suppliers are timely paid.
      2. Obtain and Verify Preliminary Notices:
        Any party supplying labor or materials for a project that is not in direct contract with the association must first serve a preliminary notice (often within 20 days of starting work), which informs the property owner that the subcontractor or supplier has provided, or will provide, goods and services to the property and could file a lien claim if they are not paid. If subcontractors and suppliers don’t provide the association with the notice, they lose the right to file a lien.

        An association should carefully keep track of all preliminary notices received. Oftentimes, however, preliminary notices are sent to the address on file for the association with the Secretary of State, which may be management’s primary office, not on site at the association. Therefore, the association may also wish to request a list of all parties supplying labor or materials to the project from the contractor. This allows the association to verify that each listed entity receives payment or provides a lien release before issuing progress or final payment to the contractor.

      3. Require Conditional and Unconditional Lien Releases Before Making Any Payment:
        Never make a progress or final payment without first obtaining the appropriate lien release(s) from the contractor and all known subcontractors and suppliers.
      4. Use Joint Checks When Appropriate:
        Issuing joint checks that are made payable to both the general contractor and subcontractor or supplier when a contractor has not submitted an unconditional lien release can help ensure that funds reach all parties with lien rights and reduce the risk of unpaid claims that can result in liens being filed against association property.
      5. Monitor Contractor Bonding and Insurance:
        When hiring for large projects, associations might consider requiring contractors provide a payment bond. A payment bond ensures that subcontractors and suppliers are paid, even if the general contractor fails to do so.
      6. Act Promptly if a Lien is Recorded:
        If a lien is filed, an association should consult with its legal counsel immediately. In many cases, the lien can be released by recording a release bond or by demonstrating that proper payments and releases were made. Quick action can prevent escalation and protect the association and its members’ interests. Please also note that Civil Code Section 4620, requires an association to provide individual notice to its members within 60 days of being served with a claim of lien for work performed on the common area.

Mechanics liens can create significant financial and administrative burdens for associations, even when the association has acted in good faith. By maintaining strong contractual safeguards, tracking preliminary notices, and always obtaining applicable lien releases before issuing a payment, an association can greatly reduce the likelihood of a lien being filed against its property.

Codes of Conduct for Association Volunteers

Emily A. Long, Esq.

Coachella Valley Office Managing Shareholder

858.527.0111
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Practices: Community Association Counsel | Civil Litigation

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Generally, board members of common interest developments are volunteers dedicating their time, skills and energy to serve the communities within which they live. Indeed, without these director volunteers, community associations would be unable to properly function. Similarly, committee members are volunteers who work on specific projects within a community. Often, committee work is a valuable first experience which can entice a member to become more involved and to eventually run for the board. However, there is a steep learning curve upon entering the world of association governance.

In order to help board and committee members understand the association’s expectations for service, codes of conduct can be particularly helpful.  Not only do codes of conduct codify association expectations, they can also serve to educate board and committee members and help minimize association liability.  Boards might therefore consider adopting codes of conduct that cover the following topics, among others:

        • Prohibiting the acceptance of any gift, gratuity, favor, entertainment, loan, or any other item of monetary value by a board or committee member from a person who is seeking to obtain a contractual or other business or financial relationship with the association.
        • Clarifying that board and committee members may not engage in any writing, publishing, or speech that defames any other member of the board, committee, employee, or resident of the community.
        • Establishing that board and committee members may not knowingly misrepresent facts to the residents for the sole purpose of advancing a personal cause or influencing the residents.
        • Prohibiting board members from discussing sensitive and confidential matters discussed in executive session, outside of executive session, or with anyone who is not on the board (with the exception of management and association counsel).
        • Prohibiting board or committee members from seeking to have a contract implemented that has not been duly approved by the board.
        • Prohibiting board or committee member interference with an association contractor performing work.
        • Clarifying that board and committee members may not harass, threaten, or attempt through any means to control, instill fear or discriminate against any member of the Association, management company, service provider, or community resident.
        • Preventing interference by board and committee members with the system of management established by the board as a whole and the management company.
        • Reminding board members that they must operate as a board and do not have any individual authority unless it is specifically granted to them in writing by the board or the Association’s governing documents.

Often, codes of conduct may be adopted as rules of procedure by way of approval by the board at an open session meeting, rather than by following the rulemaking procedures spelled out in Civil Code section 4360. However, we encourage you to first speak with your association’s legal counsel to review your association’s governing documents and discuss your community’s particular needs prior to adopting such rules.

Enforceability of these codes of conduct is another important issue to consider when preparing draft rules. It is recommended that any code of conduct specifically list the consequences for a violation of the code of conduct.  Reasonable penalties for violation might include: public or private censure by the board, removal of an officer title, and/or removal from committee service by the board.  It is unlikely that violation of a code of conduct may result in unilateral removal of a board member by the board, but speak with your association counsel on this issue.

Is My Mic On? Concerns Surrounding Recording Board Meetings

Rhonda R. Goldblatt, Esq.

Senior Attorney

858.527.0111
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Practice: Community Association Counsel

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Is My Mic On? Concerns Surrounding Recording Board Meetings

Association members may try to record board meetings. Such recording may even be surreptitious. However, there are concerns surrounding permitting the recording of board meetings of which boards and management should be aware.

First, recordings may serve as evidence in subsequent litigation. Association members who try to record board meetings may do so in order to compile such evidence to support their claim. Associations should think twice about fueling a member lawsuit for obvious reasons. A single stray remark may end up exposing an association to liability.

Second, those present at the meeting may be uncomfortable being recorded. A recording device may have a chilling effect on directors and management who are trying to conduct association business without worrying about the specter of potential future litigation.

The Davis-Stirling Act does not require board meetings to be recorded. California Penal Code section 632 in fact prohibits recording a confidential conversation without the consent of all parties. Subsection (a) of the statute provides in part:

A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

Boards may want to consider including a statement on meeting agendas that recording the meeting – via audio or video – is prohibited. Boards can also consider stating at the beginning of a meeting that recording is prohibited (and noting that statement in the meeting minutes). Doing so will help create a documentary record that any recording is nonconsensual per Section 632. This is important because under subsection (d) of the statute, evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of Section 632 is not admissible in a lawsuit. 

Finally, it is worth pointing out that Section 632 does not apply to the use of hearing aids and similar devices for “persons afflicted with impaired hearing” for the purpose of overcoming the impairment to permit hearing sounds ordinarily audible to the human ear. This caveat essentially brings those with impaired hearing to equity, by allowing them to hear what others do. 

For additional advice on this subject, please reach out to your friendly community association counsel.

Ensuring a Smooth Transition: Best Practices for Changing Management Companies

Jillian M. Wright, Esq.

Shareholder

858.527.0111
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Practice: Community Association Counsel

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Ensuring a Smooth Transition: Best Practices for Changing Management Companies

*Article originally published in CAI-SD Community Insider Magazine, Summer 2025

Switching community management companies is a major undertaking for any community association. A smooth transition requires careful planning, forethought, clear communication, and attention to legal and operational details. Without proper preparation, a change in management can disrupt financial operations, delay maintenance, and create confusion among the association’s homeowners and vendors.

To ease the management transition, associations should focus on five key areas: (1) strategically timing the transition; (2) communicating with the outgoing management company; (3) preparing for the transition; (4) ensuring proper records transfer; and (5) notifying homeowners of necessary updates.

Timing the Transition Strategically

Management contracts often have termination clauses and required notice periods that must be adhered to before the association can terminate their current management company. A termination outside of the delineated termination provisions or notice periods may be invalid, subject to monetary penalties, and/or subject to legal action by the management company. If the board has concerns regarding a potential breach of contract or would like to transition to new management, we recommend consulting with the association’s legal counsel prior to taking any action.

Note that the timing of management transitioning can significantly impact the association’s operations, so the board should endeavor to schedule the transition at a time that minimizes disruption and aligns with the association’s financial and operational cycles. For example, transitioning towards the end of an association’s fiscal year may jeopardize the timely mailing of the association’s annual board report, annual policy statement…etc. Changing management companies during significant maintenance projects, elections, or community-wide events may also unnecessarily complicate the transition, create delays, and lead to potential unwanted liabilities for the association.

Communicating With The Outgoing Management Company

Once the board has executed a contract with its new management company and reviewed the parameters of termination for its outgoing management company, the next step is to formally provide notice of termination for the latter. This should be done professionally and in writing, either by the new management company or the association’s legal counsel, following the termination terms outlined in the contract (e.g., to whom the letter should be addressed and delivered). The notice of termination should include, but is not limited to: (1) the effective date of termination; (2) instructions for record transfer; (3) a request for clarification of homeowner assessment payment procedures; (4) a request for a summarization on any outstanding/urgent association matters; (5) the new management company’s contact information; (6) and a transition checklist compiled by the board, new management, and/or the association’s legal counsel to help ensure all association records and homeowner/vendor data are transferred in a timely manner.

Maintaining a cooperative relationship with the outgoing management company can facilitate a smoother transition. If possible, the board should request a transition meeting to ensure open communication and address the foregoing.

Preparing For the Transition

It is important to establish clear responsibilities for both the outgoing and new management companies. A good place to start would be for the board to review its outgoing management contract to confirm the parameters of the outgoing management’s transition assistance in the event of its termination.

Simultaneously, the board should collaborate with its new management company to outline a transition plan that ensures continuity of service (e.g., when/how to relay the transition to new management to the association’s members and financial/vendor representatives, any changes in homeowner assessment payment procedures, association information portals, methods of communications with new management…etc.) Such information is crucial to avoid disruption to the association’s daily operations and any confusion for homeowners and the association’s vendors.

Oftentimes, a board member familiar with the day-to-day operations of the association may be designated to assist the new management company with the transition process.

Ensuring Proper Transfer of Records

Once terminated, the outgoing management company has a duty to transfer the association’s records to the association’s new management company. All association records, information, and property must be released in a timely manner to new management and any refusal to cooperate constitutes a breach of outgoing management company’s professional code of conduct and may subject outgoing management to legal action. While the board can assist the new management company in verifying whether all necessary records were transferred from outgoing management to new management, the onus is on new management to highlight any missing records/information. As missing or incomplete records can create significant operational challenges, it is highly recommended for boards to take an active role in overseeing any transition of management.

The following critical records, whether past, current, and/or proposed, should be transferred:

  • the association’s governing documents, including any amendments;
  • all financial records (e.g., annual budget reports, reserve studies, operating budget, annual/interim financial statements, bank statements/information and check registers, state and federal tax returns, reserve account balances/payments);
  • all insurance policies;
  • all routine and in-progress vendor contracts and insurance/warranty records;
  • all employees contracts, contact information, and records,
  • all board agendas and meeting minutes;
  • all election materials;
  • miscellaneous items (e.g., passwords to all digital properties/accounts, membership list, homeowner assessment account histories and enforcement records, architectural records, litigation files, keys.) See Civil Code sections 5200 et. seq for a list of all association records.

Having complete records will help the association function smoothly as boards change and memories fade.

Notifying Homeowners of Necessary Updates

Homeowners should be informed well in advance of the transition to new management to ensure proper communication channels and timely payment of the association’s regular and special assessments.

The new management company should send a notice to homeowners including clear instructions on how to update any automatic assessment payments and mailing addresses for regular/overnight payments. The notice should clarify whether the new management company will field general inquiries and billing questions from homeowners regarding the management transition prior to their official start date.

Frequent communication with homeowners is key, so it is a good idea for the association to send multiple email reminders and update the association newsletter or community bulletin boards to reinforce the changes. The board’s goal is to minimize confusion and ensure homeowners understand their role in assisting with a successful transition.

Thoughtful execution of these five integral steps will minimize disruptions and ease the potentially complex management transition process.

Avoiding Conflict: Unique Issues in Senior Housing Communities

Emily A. Long, Esq.

Coachella Valley Office Managing Shareholder

858.527.0111
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Practices: Community Association Counsel | Civil Litigation

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Avoiding Conflict: Unique Issues in Senior Housing Communities

*Article originally published in CA-CV HOA Living Magazine, September 2025

If you’re a resident of the Coachella Valley—or someone who comes here to work or play—you know about the demographic makeup of our communi­ties. Older adults from across the country (and the world) choose to come to our beautiful valley to live out their retired lives, in search of a warmer climate and a high quality of life. The Coachella Valley’s economy and social fabric rely upon these older adults and their investments throughout the desert cities.

As verified by the U.S. Census Bureau, the population of the Coachella Valley is older in comparison with the rest of Riverside County. As of 2023, 19.4% of the Coachella Valley’s residents are indi­viduals aged 65 and older. By contrast, throughout all of Riverside County, only 15.7% of residents are aged 65 years and older.

In addition to having a generally older population, we also have a large number of senior housing communities in the Coachella Valley. Senior housing communities must satisfy both federal and state laws on senior housing in suggestions for preserving open com­munication with older residents before a conflict escalates into a full-blown dispute.

At the outset, senior housing com­munities are unique from other types of housing because they often offer cama­raderie and fellowship to seniors, along with services in addition to housing. Some senior housing communities in the Coachella Valley provide recreational opportunities, extra amenities, on-site services (e.g., beauty salon, library, private space rental, restaurants), as well as association-sanctioned committees, interest groups, and social events.

It is not uncommon for individuals working in senior communities to develop deeper relationships with res­idents; sometimes even forming close friendships. Such relationships can be extremely valuable to all involved. Unfortunately, these relationships can also open an association and its board members to possible liability if the association doesn’t closely follow the requirements in the law or governing documents. The likelihood of conflict can increase if there is a preexisting relationship, as feelings may be hurt when the association exercises its enforcement powers as required under applicable law.

Below are a few helpful tips to prevent conflicts from growing into bigger problems.

COMMUNICATION PREFERENCES

All people—no matter their age— appreciate direct and clear communi­cation. However, with rapid advances in technology in recent years, some older members may not have the same tech­nological skills that younger members have. This can make it harder for older residents to communicate effectively with the association electronically.

Younger members may consent to “electronic delivery” of association notices and competently open and review all correspondence. However, many senior members of Coachella Valley communities prefer the tele­phone, even if they list an email as their preferred delivery address.

As a general practice, if the asso­ciation sends a notice through a member’s preferred delivery method but receives a phone call in response, taking the time to return that call goes a long way. Confirming by phone that the owner received and reviewed the order to protect their “senior housing” status. This federal status legally allows a senior housing community to require residents to be of a certain age without facing claims of age discrimination.

This article does not discuss the legal requirements of senior housing communities—the literature on that topic is vast. Rather, it touches on ways to reduce conflict and provides practical correspondence shows courtesy and helps build trust. While telephone com­munication is not legally recognized notice, it is an appreciated courtesy.

Similarly, if an owner calls the management office to file a complaint, management should redirect the owner to submit the complaint in writing— either dropped off, mailed, or emailed. Taking the time to explain why written documentation is required may be new to that resident. Delivering this message by phone and making a note in the owner’s file will likely make the owner feel acknowledged and reduce the chance of escalation.

NOTICES

Association notices are generally provided by either “general” or “individ­ual delivery.” General delivery is often the default under the Davis-Stirling Common Interest Development Act. Civil Code § 4045 outlines several methods of general notice, including:

  • Including the notice in a billing statement, newsletter, or other document (Cal. Civ. Code § 4045(a)(2));
  • Posting in a prominent, designated location (Cal. Civ. Code § 4045(a)(3));
  • Posting on the association’s website (Cal. Civ. Code § 4045(a)(5)); or
  • Providing by “individual delivery” if requested (Cal. Civ. Code § 4045(a)(1)).

Rule changes, board or member meeting notices, and most election notices must generally be provided by general delivery unless governing documents state otherwise.

Notices requiring “individual deliv­ery” are less common. Each year, asso­ciations must solicit members’ preferred delivery method(s). A member may now designate up to two mailing addresses or two emails for individual notices.

Flexibility is important in senior communities. For example, an owner may initially request email delivery but later ask for paper notices instead. It is typically best to honor the request, even if not worded formally. Similarly, if an owner requests a mailed copy of a notice after receiving an email blast, sending the copy and following up for clarification is often the most practical solution.

IF ASSESSMENTS GO UNPAID

If assessments that were once paid on time stop being paid consistently, it may be worth making a phone call. Before calling, the association should consult its collections provider to ensure com­pliance with the Fair Debt Collection Practices Act (FDCPA). Older residents may be more likely to experience life or health changes that impact timely pay­ments, and a proactive, compassionate approach can help.

CONTACTING THE PROFESSIONALS

If the board or management becomes aware that a resident poses a health or safety risk to themselves or others, the association should immediately contact the appropriate authorities and encour­age residents to do the same. Dialing 9-1-1 in emergencies is always the right step. Associations should also assist with preparing a police report if requested, while keeping information confidential for privacy reasons.

Additionally, Riverside County’s Office on Aging connects seniors and families with support systems. Association representatives may contact the Office if an owner needs additional assistance. The Office oversees more than 27 programs and services that promote dignity, well-being, and inde­pendence for older adults and adults with disabilities. Since management staff are not trained social workers or medical professionals, it is important to reach out to the proper resources when needed.

No matter the age of the resident, people appreciate being heard and acknowledged. Managing communities to foster mutual respect and concern benefits both staff and residents. Hopefully, these small tips will help bring peace to your community.

Welcome to the Wild Wild West: Community Associations and Social Media

Rhonda R. Goldblatt, Esq.

Senior Attorney

858.527.0111
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Practice: Community Association Counsel

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*Article originally published in CAI San Diego Community Insider Magazine, Spring 2025

While community association boards might view social media as a free, convenient means of disseminating information to the membership, social media use by associations can be fraught with potential stumbling blocks. Boards may in fact prefer to avoid using social media altogether given the concerns listed below. At the same time, Civil Code section 4515 limits associations’ ability to restrict individual homeowners’ use of social media to discuss association life. In that respect, associations may need to view individual homeowners’ use of social media from a live-and-let-live perspective.

Potential Concerns – Association Use of Social Media

      1. The Loose Canon: board members may lose their temper, reveal attorney-client privileged information, or otherwise inflame an already volatile dispute when posting or responding to homeowner comments on social media. Online content lives forever, even if subsequently deleted. Ill-considered board member comments can in turn attract defamation claims, sow division, and otherwise negatively affect the association.
      2. Constant Vigilance: association-run social media pages must be constantly monitored because negative, defamatory, or otherwise ill-advised content may be posted by homeowners, which the association may in turn need to regulate or delete. Homeowners may also post negative content about one another, leading to demands that the association delete such content by the targeted party, putting the association in a tough position. Homeowners may additionally choose to notify the association of important issues via social media rather than contacting management. The resulting need for constant monitoring can be time-consuming and expensive.
      3. Is This Covered?: association and board members’ online activities on social media may not be covered by association insurance policies. If an association is sued in connection with online activity, and the claim is not covered, any resulting liability could be financially devastating.

Civil Code Section 4515 and Homeowner Use of Social Media

If an association steers clear of social media, shouldn’t homeowners be required to do the same? Under the law, no. Civil Code section 4515(b) states governing documents shall not prohibit a member or resident of a common interest development from “using social media or other online resources to discuss any of the following, even if the content is critical of the association or its governance:”

      1. Development living;
      2. Association elections;
      3. Legislation;
      4. Election to public office;
      5. The initiative, referendum, or recall processes; or
      6. Any other issues of concern to members and residents.

Note that homeowners’ social media posts may be critical of the association; negativity, whether unfair or not, does not constitute grounds to regulate homeowner online activity. Further, “development living” and “any other issues of concern to members and residents” are so broad as to effectively serve as catch-all categories, allowing homeowners to freely post about most association-related topics.

So where does this leave community associations? Associations may do well to remember that one of the main purposes of common interest developments is to maintain the common areas. That is, associations serve physical needs (maintenance) in the real world, rather than playing a role online. Given that associations are also limited in regulating homeowner online activity, associations may want to steer clear of the Wild Wild West of social media entirely. Does an association really need to be on TikTok? As fun as it sounds, perhaps not.

Safeguards for Volunteer Directors

Community associations are governed by boards of directors made up of volunteers. The role of these volunteers is crucial to keeping community associations functioning, but potential volunteers are often dissuaded by their fear of potential liability. This is a misconception. California law has evolved considerably to provide a robust framework of shields for volunteer directors. This article explores the statutory protections, insurance options, and governing document provisions that together safeguard volunteer directors, ensuring they can perform their essential roles without undue personal risk.

What is a volunteer?
Corporations Code section 5239(b) defines “volunteer” as “the rendering of services without compensation.” “Compensation” is further defined as “remuneration whether by way of salary, fee, or other consideration for services rendered.” However, the Corporations Code specifically allows for the payment of per diem, mileage, or other reimbursement expenses. While it may be tempting to offer perks to get owners in the community to participate on the Board, community association Boards should be careful to avoid offering any perks that could be considered compensation. For example, assigned parking spaces could arguably be consideration for services rendered as parking spaces have a monetary value.

Statutory Protections
Public Policy
Corporations Code section 5047.5(a) addresses the services of directors and officers of nonprofit corporations as “critical to the efficient conduct and management of the public service and charitable affairs of the people of California.” This Corporations Code section also codifies as California public policy the state’s decision “to provide incentive and protection to the individuals who perform these important functions.”

Business Judgment Rule
Corporations Code section 7231 establishes the Business Judgment Rule which protects directors from personal liability when the directors perform their duties in good faith, in a manner such directors believe to be in the best interests of the corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a similar position would in similar circumstances.

Civil Code Section 5800
Civil Code section 5800 provides additional protections for volunteer directors who own no more than two (2) homes within the community. Volunteer directors and officers are not personally liable in excess of the community association’s insurance coverage so long as the community association has maintained the minimum levels of general liability and D&O insurance as required by law and the volunteer directors and officers’ actions were performed in good faith, within the scope of their duties, and were not willful, wanton, or grossly negligent.

Directors and Officers Insurance
Directors and Officers Insurance, commonly referred to as D&O insurance, protects both the community association from liability and volunteer directors and officers from personal liability for errors and omissions made by directors and officers while they were serving on the Board. All community associations are required by law to maintain minimum levels of D&O insurance.

Governing Documents
In addition to statutory protections and D&O insurance, volunteer directors may also find additional protections in their community association’s CC&Rs and/or Bylaws. Some, but not all, CC&Rs and Bylaws contain indemnity provisions that offer protections for directors and officers against their negligence and omissions. Since every community association has unique CC&Rs and Bylaws, each community association should consult with their legal representation to see whether there are protections for the volunteer directors.

Conclusion
Potential Board members should not let fear of personal liability keep them from running for the Board. So long as their Association retains the adequate amount of D&O insurance and they perform their duties in good faith, in a manner they believe to be in the best interests of the corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a similar position would in similar circumstances, California law, D&O insurance, and potentially even the governing documents will provide protections against personal liability.

Five Strategies for Better Community Association Communication

Rhonda R. Goldblatt, Esq.

Senior Attorney

858.527.0111
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Practice: Community Association Counsel

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Community associations benefit from an informed, educated membership. With that in mind, please find five strategies for improving community association communication below:

1. Check Your Calendar. Community associations are required to distribute various documents from time to time, including annual budgets, policy disclosures, ballots and more. Association governing documents also typically require holding various events, such as annual membership meetings, regular board meetings, and the like. Trying to keep track of it all can be dizzying. Therefore, it is helpful to calendar relevant deadlines and events in an automated, digital system, to help ensure that member communications go out on time.

2. Preferences Matter. Civil Code section 4041 requires associations to solicit members’ preferred delivery method for receiving certain notices on an annual basis. Members have the option of receiving notices via a mailing address and/or a valid email address. Members can also provide the contact information of their legal representative. Associations must in turn deliver certain notices in accordance with members’ preferred delivery method. Members’ entitlement to select their preferred delivery method, in conjunction with different distribution requirements for different types of notices (i.e., general versus individual delivery) can make life complicated for managers. Again, automation can help, from software programs that either track member preferences or allow those preferences to be logged and changed easily, to spreadsheets that keep member information organized. Associations can also regularly remind owners of their entitlement to receive association notices via email, which many members may prefer for ease of access and may in turn reduce the association’s administrative burden.

3. Be Wary of Social Media. Associations might view social media as an easy, low effort means of distributing information to members. However, if a social media platform allows members to comment and post content, associations may in turn be forced to constantly monitor that platform for divisive or defamatory content. Therefore, one-sided association communication mechanisms like email blasts and newsletters that do not allow members to reply all, post, or comment may be preferable.

4. Prioritize Appropriately. Members frequently communicate with their associations about various concerns, from maintenance issues to complaints about neighbors. It is not uncommon for a minority of members in a community to communicate a lot, sending the association emails, making telephone calls, and speaking at board meetings. However, boards have a fiduciary obligation to act in the best interests of the entire community, not just a single member. As such, while boards should listen carefully to member concerns, boards must also triage and address member concerns according to the needs of the entire community. That may mean other pressing needs take priority.

5. Delivery is Everything. Members sometimes send angry, volatile communications to association representatives, and it can be extremely tempting to respond in kind. However, written communication can last forever, and non-privileged correspondence can easily become an exhibit in a subsequent lawsuit. Therefore, it may be wise to pause before replying and imagine a judge or jury as the audience of any given communication rather than the actual recipient. Associations must be the adult in the room, and a professional, measured tone is always best.

New Year, New HOA Resolutions!

Jon H. Epsten, Esq., CCAL

Shareholder

858.527.0111
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Practices: Community Association Counsel | Construction & Remediation | Construction Defect Litigation | Civil Litigation | Commercial CID

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Kickstart the year with new goals and planning for a successful community management.

At our annual firm Legal Symposium, I was asked by a board member “what they could do differently in 2025 to make their life as a board member just a little easier?” So, I decided to place the answer to her question in the form of New Year’s resolutions. Get started early in the year with these Resolutions and hopefully 2025 will be a better year for both you and your association.

 

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