These devices can be used to help discourage crime and identify perpetrators. An association should only use cameras in portions of the common area where residents have no reasonable expectation of privacy. Prior to installing security cameras, an association should adopt a comprehensive policy regarding the use of the equipment to prevent claims of improper use and minimize potential liability. Signage should be clearly posted by each camera. The association should notify residents on a periodic basis that these devices cannot guarantee their safety, and that they should also take reasonable safety precautions.
Special Assessments
A special assessment is an assessment levied in addition to the regular assessment. The board may not impose special assessments which in the aggregate exceed five percent of the budgeted gross expenses of the association for that fiscal year without owner approval, as more fully described in Civil Code section 5605. The limitations of the Civil Code do not, however, limit assessment increases necessary for emergency situations as further described and subject to specified procedural requirements of that section.
Towing
Vehicle Code section 22658 governs towing from association property. An association must either have the statutory signage or provide a citation to the improperly parked vehicle and let 96 hours lapse before towing the vehicle. The association and/or towing company must also comply with numerous post-towing notification requirements. There are penalties for violations of section 22658 requirements.
Vehicles
CC&Rs often include restrictions on the kinds of vehicles that may be parked in the community and parking generally. Frequently, these restrictions can be supplemented with board adopted rules. Such restrictions and rules are enforceable by an association via the enforcement procedures provided in the governing documents and California Civil Code section 5850 et seq. Additionally, restrictions on private street and other common area parking may be enforced through towing in accordance with California Vehicle Code section 22658.
Zoning
Zoning is the practice by cities or counties of designating permitted uses of land within various geographic areas; residences may be allocated to certain parts of a city or county and business to other parts. In addition to permitted uses, zoning may also regulate such things as lot size and building height.
ADR
Asbestos
An association must provide notice to owners and non-owner residents of the project of the presence of asbestos. See California Health & Safety Code Sections 25915 et seq. There is some ambiguity regarding the applicability of the statutes. Sections 25915 through 25919.7 are part of Chapter 10.4 of the Health & Safety Code. Section 25919.2 states in part that “‘Building,’ as used in this chapter, means all or part of any ‘public and commercial building,’ … except that ‘building’ shall not mean residential dwellings.” However, Section 25915.2(d), also part of this chapter, states in part that other subparagraphs in Section 25915.2 “shall not be construed to require owners of a building or part of a building within a residential common interest development to mail written notification to other owners of a building or part of a building within the residential common interest development,” if certain conditions are met. The implication is that these requirements do apply in residential developments if the conditions are not met, or that a community association must meet the conditions when there is asbestos in a common interest development. Although there may be an ambiguity, we believe associations are better protected by following the requirements of Section 25915.2.
Books and Records
The association is responsible for keeping, maintaining and updating the books and records of the association. These include, but are not limited to, financial reports, bank statements, membership lists, and ledgers. The association must be ready to produce these books and records upon demand by a member, pursuant to Civil Code section 5200 et seq.
Civil Actions
A lawsuit brought in a court of law in which typically alleges that a party, the plaintiff, has incurred a loss and/or seeks affirmative relief as a result of another party’s (the defendant) actions or inactions A civil action typically seeks monetary relief and/or equitable relief. Typical civil actions include breach of contract actions, negligence, breach of CC&Rs and statutory violations.
Condominium Project
A condominium project is one of the four types of CIDs that are considered common interest developments in Civil Code section 4100. A condominium project consists of “condominiums.” A condominium is a form of land and property ownership in which the owner holds legal title to a three-dimensional space that may be filled with air, earth, water, construction materials or virtually any other material. The three dimensional spaces are described on a recorded document known as a condominium plan. A condominium also includes an ownership in the common area that is shared with other condominium owners. The ownership maybe expressed as a fraction or a percentage of the common area parcel or parcels. See Civil Code section 4125.