Sales

This term generally refers to nonjudicial foreclosure of a property by the association to enforce a delinquent owner’s assessment account.  The term may also refer to a short sale, where an owner is attempting to avoid foreclosure by persuading secured creditors to release their liens in exchange for acceptance of a lesser amount than is actually owed.

Satellite Dishes

A association may not prohibit the installation of a satellite dish as described in California Civil Code section 4725. However, an association may impose reasonable restrictions on the installation. Reasonable restrictions means those restrictions that do not significantly increase the cost or significantly decrease its efficiency or performance. Thus, an association could require an owner to submit an application and obtain approval of the association for the installation, however, the issuance of a decision on the application shall not be willfully delayed. The association could also require the owner to maintain, repair or replace roofs or other building components in connection with the satellite dish, and that the installers indemnify or reimburse the association for loss or damage caused by the installation, maintenance, or use.

Secondhand Smoke

Second hand smoke is a health hazard, and smoke that emanates from one area of association property to another constitutes a nuisance. Boards can require smokers to abate the nuisance by smoking in designated areas, installing HEPA filters, sealing wall penetrations, closing windows, etc. An association should amend its CC&Rs to prohibit or restrict smoking in common areas, exclusive use areas and even inside units. (Birke v. Oakwood Worldwide et al. (2009) 169 Cal.App.4th 1540.)

Smoking

Smoke that drifts from one area of association property to another is a nuisance. This includes tobacco smoke, marijuana smoke, BBQ smoke, etc. Associations have a duty to enforce nuisance violations and should require the violating person to abate the nuisance. Developments in both case and statutory law support an association prohibiting or restricting smoking in common areas, exclusive use areas and even inside units.

Secret Ballots

Certain votes must be conducted by secret ballots, such as elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors, and amendments to the governing documents. Unless an exception applies, the grant of exclusive use of the common area shall also be held by secret ballot. Secret ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member at least 30 days prior to the deadline for voting. The ballot itself must not be signed, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed and signed. The secret ballot must be returned in the two envelopes to the inspector(s) of elections. Members may request receipt for delivery. See California Civil Code section 5115.

Solar Energy Systems

Because public policy favors the use of solar energy, associations may not prohibit the installation of solar systems on separate interest property, nor may they restrict the installation of such systems except as authorized by Civil Code sections 714 and 714.1. Associations may restrict the installation of solar systems in and on the common area.

Security

An association has a duty akin to that of a landlord to take reasonable precautions to protect residents from crime in the common areas, especially if there have been prior instances of crime in the community. While failure to take such precautions can lead to liability for an association, certain actions designed to enhance security also have the potential to increase the risk of liability, including the use of security cameras.

Speaking at Meetings

Under the Davis-Stirling Common Interest Development Act, an owner (though not the owner’s attorney) has a right to address the board during the period of time set aside by the board for owner comment. See SB Liberty LLC v. Isla Verde Ass’n., Inc. (2013) 217 Cal. App. 4th 272.