With the new round of changes to the Davis-Stirling Common Interest Development Act, we have received several questions regarding the impact to community association elections, including recall elections. The Legislature has clarified that community associations...
In a down economy and/or real estate market, a community association may be forced to pursue delinquent assessments by way of a small claims judgment, especially if the senior lender has foreclosed and extinguished the association’s assessment lien. While initially, an association’s chances of recovery are low if the owner’s property
An encroachment is where an owner intentionally or unintentionally places an object (e.g., a fence) or structure on the property of another person.
Is Self-Help the Answer?
When evaluating an encroachment, the first consideration may be to simply remove the encroaching structure.
With the collection of assessments, community associations are always looking for creative ways to increase the chance of recovery. One underutilized remedy that may provide associations good results is an assignment of rents. If an owner-landlord fails to pay HOA assessments but continues to collect rent payments from his or her tenant, the association should consider rent assignment.