Earthquake Insurance
California has no statute that specifies the type or types of insurance that associations must carry. Almost all governing documents allow associations to obtain earthquake insurance coverage, but relatively few associations actually mandate such coverage.
Easements
An easement is an incorporeal interest in the land of another that gives the easement holder the right to use the other’s land or to prevent the other person from using the land. Easements can be created in many ways, including by deed, agreement, CC&Rs, through necessity, hostile use (prescription), and through petitioning the court to exercise it equitable powers. The owner of the land usually retains the right to use the land encumbered by the easement to the extent that such use does not unreasonably interfere with the easement holder’s use. Easements frequently give rise to disputes concerning what may be done in the easement by the easement holder and the land owner, whether the easement is being overburdened, who must maintain and repair the easement area, and who must share in the cost of that work.
Elections
Voting in community association elections involving specified issues must be done using a secret ballot, double-envelope system (Civ. Code §5115), pursuant to duly-adopted election rules. (Civ. Code §5105) The specified issues are elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents and grant of exclusive use of common area property pursuant to Civil Code section 4600. This list therefore covers most matters brought before the membership for vote. Among other things, election rules must specify candidate and voting qualifications and specify a method for selection of independent inspectors of election. See the statute, Civil Code section 5100 et seq., for detailed requirements.