Receiver

A receiver is a person appointed by a court to take charge of and manage property at the court’s direction. In rare instances, it may be appropriate to have a receiver appointed to manage an association’s affairs, where a court deems this necessary.

Robert’s Rules of Order

Robert’s Rules of Order is a system of rules for conducting board or member meetings in a structured and orderly manner, often referred to as “parliamentary procedure.” There is an official Robert’s Rules of Order, Newly Revised, now in the 11th edition that is copyrighted by Henry M. Robert III for the Robert’s Rules Association. There are other books that use the term “Robert’s Rules,” some of which are companions to or simplifications also produced by Henry M. Robert or the Robert’s Rules Association and others that are various adaptations and simplifications rules of parliamentary procedure that apparently use the name because of older versions of Robert’s Rules whose copyright has expired. There are other simplified books and pamphlets containing rules of parliamentary procedure. Also see Parliamentary Procedure.

Recording Meetings

There is no requirement that board or owner meetings be recorded. The issue usually arises either when an owner insists on recording a meeting, or does so surreptitiously. The board has the right to adopt a prohibition against such recording, and insofar as the meeting is considered private rather than public, surreptitious recording of the meeting may violation Penal Code §632.

Rules

Governing documents include the operating rules of an association. (Civ. Code §4150) An operating rule is a board-adopted regulation that applies generally to the management and operation of the common interest development or the conduct of the business affairs of the association. (Civ. Code §4340(a)) To be valid and enforceable, operating rules must be reasonable and meet several other specified criteria, including being in writing and within the authority of the board. (Civ. Code §4350) Issues such as architectural control, landscaping, parking and common area use are common examples are commonly regulated through rulemaking. Specified rules must be adopted, including, but not limited to, election rules. Adoption of most operating rules can only be accomplished through following the rule-making procedures set forth in Civil Code section 4360.

Records

Association records are defined in Civil Code section 5200. These records constitute a variety of documents that an association is responsible for maintaining and providing upon demand. Some of these records include board minutes, agendas, committee minutes, check registers, correspondence to owners, third party contracts, financial statements and many others. Pursuant to the same section, these documents must be produced on demand in certain situations, subject to redaction. If you receive a document request, immediately contact your association’s legal counsel to ensure you meet all of the statutory requirements.

RVs

An “RV” or recreational vehicle is either of the following: (a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets the space and construction requirements set forth in Health and Safety Code §18010 or (b) a “park trailer” as defined in Health and Safety Code §18009.3.

Recreational Vehicles

“Recreational vehicle” is defined by Health & Safety Code section 18010 as a motor home, travel trailer, truck camper, camping trailer, or park trailer that meets certain criteria set forth in the Code. Prior to January 1, 2013, an off road vehicle would not be considered a recreational vehicle. However, as of January 1, 2013, off road vehicles meeting certain criteria may now qualify as a “recreational off-highway vehicle.” A “recreational off-highway vehicle” means a motor vehicle that is: (a) designed by the manufacturer for operation primarily off of the highway; (b) has a steering wheel for steering control; (c) has nonstraddle seating provided by the manufacturer for the operator and all passengers; (d) has a maximum speed capability of greater than 30 miles per hour as designed by the manufacturer; and, (e) has an engine displacement equal to or less than 1,000cc (61ci).

Relocation

When the association must perform work in a unit or on a building that requires the resident to move from the unit while the work is underway (commonly during fumigation or mold remediation), the unit owner or resident is responsible to pay for the cost of the relocation, not the association. (Civ. Code §4775(b))