Epsten, APC

Refers to an association which has the duty and power to administer recorded CC&Rs governing shared use of common areas by the members of multiple subsidiary associations.

Mechanics liens are involuntary security interests in real estate that a licensed contractor can record with a county recorder and then file a lawsuit to foreclose upon to get paid. These liens are an extremely powerful remedy that contractors use to obtain payment for materials they supply or work they perform on a private work of improvement. Therefore, it is extremely important that associations not pay contractors without first obtaining necessary releases of mechanics lien rights.

The most commonly utilized form of alternative dispute resolution, mediation can be effective in resolving association/homeowner disputes without litigation. The mediator, a trained, neutral third party, facilitates negotiations between the parties. The mediator does not render judgment in the dispute matter. If an agreement is reached during mediation, that agreement is memorialized in writing.

Board meetings include regular, organizational, special and executive session meetings. Except for emergency meetings, advance notice of a board meeting must be given to members. All board meetings are open to the members except for executive session meetings. Directors have a fiduciary duty to attend board meetings. Meetings cannot be held by email, except for a defined emergency. See Open Meetings.

Delegate voting systems are used by communities that have a master and sub-associations or a large number of separate interests divided into neighborhoods. The representative for each sub-association or neighborhood (i.e., the delegate) acts as the liaison between members and the Board. The governing documents provide for the election of delegates, their duties, and meeting requirements. Delegates meet to cast votes on behalf of the members they represent. Election/voting requirements of Civil Code section 5100 et seq. are not applicable to delegate meetings and voting.

Member meetings include annual (e.g., election of directors) or special meetings (e.g., recall). An association’s bylaws generally state the time, location, frequency and quorum requirement for member meetings. Corporations Code section 7511(a) requires between 10 and 90 days’ notice of a member meeting, but Civil Code section 5115 changes this to at least 30 days’ notice for the ballot period. At member meetings, the members (not the board) vote on the items of business.

A “member” of the association managing the common interest development is the owner of the separate interest. (Civ. Code §4160)

Pursuant to Civil Code section 5210(b)(6), membership lists containing all members’ contact information consisting of names, property addresses, mailing addresses, and email addresses, except for those members who have opted out of being included on that list.  The membership list must be made available to members who are requesting the membership list for a purpose reasonably related to their interests as a member.

A term generally applied to associations of tenants within a mobilehome park or community which does not qualify as a common interest development. While there are some common interest developments wherein the dwellings are mobilehomes, many mobilehome communities are either rental communities or converted, resident-owned communities which are not common interest developments (typically because they lack recorded CC&Rs or maps.)

See Fines