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Q: I am on the Architectural Review Committee for our association. Recently homeowners have asked to attend the meetings. What are the guidelines for homeowner attendance at these meetings? We have said they can sit and observe without comment. Some homeowners have attended strictly to attack the members for what they perceive as a slight to their plan approval process. Should we allow attendance? A.C., Westlake Village
A: HOA committees do not fall under the Open Meeting Act unless a quorum of the board attends the meeting. Then the committee meeting meets the definition of “board meeting” under Civil Code Section 4090. Otherwise, committee meetings are not required to be open to observation. If members are attending just to attack other homeowner proposals, then perhaps the attendance policy should be reviewed. Also, committees are not bound by the Open Meeting Act requirement of an agenda posted 4 days before the meeting.
Q: Do you have any information regarding the expiration of CC&Rs? I’ve heard 20 years from the time of the recorded filing of the CC&Rs. My subdivision development of homes has no common areas but does have a HOA. The CC&Rs don’t show up in the San Mateo County recorder system. I need to confirm whether the HOA should have renewed and recorded the revitalization of the CC&Rs as they are over 30 years old.
Any information would be appreciated. O.M., South San Francisco
A: Unless the CC&Rs were recorded on the property they do not automatically bind all owners, so some title research help may be needed. The recording information on CC&Rs should be reflected on title insurance policies as a coverage exception, so you may find information that way.
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The 2021-2022 legislative session is under way and by mid-January the Legislature does not have any HOA bills pending. The past two years were eventful due to 2019’s Senate Bill 323’s substantial changes to the election processes, and 2020’s Assembly Bill 3182’s new protections of rentals within HOAs. In case a legislator or staff member is reading, (or you want to suggest some improvements) here are ideas to HELP California HOAs.
First, resolve the questions remaining about HOA elections. The new law lists only five possible board candidacy disqualifications, so, for example, term limits are apparently barred. Second, the statute references only board candidacy, so can boards fill vacant seats by appointing a person who would be ineligible as a candidate for election to that seat? Third, new Civil Code Section 5100(g) allows board elections by acclamation if the number of eligible candidates after close of nominations equals the number of open positions. However, thi
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Over the many years I have been writing this column, the clear No. 1 ranked dispute between homeowners and their associations regards records and information access. These disputes are never productive, and generally are avoidable. Here are some tips for HOAs regarding producing requested records and some tips for requesting homeowners.
The law has improved dramatically in recent years in this regard. Civil Code 5200 provides a very clear list of what are “association records” which members may request. However, battles continue, and unfortunately HOAs sometimes control the flow of information from critics, and some homeowners use records demands as a weapon. When a board is under severe criticism it is a natural impulse to be defensive and close ranks, but the board cannot refuse a legitimate document request just because it expects the information to be used against it. The more a board stalls or resists providing reasonably requested documents, the higher the suspicion