Fiore Racobs & Powers E-News Legal Update

Supporting Community Associations During the Coronavirus Pandemic - Part 3

Fiore Racobs & Powers is continuing to provide legal updates during the COVID-19 pandemic. Associations are facing new challenges on a daily basis as management companies and onsite management comply with the Governor’s Executive Order to Stay at Home.

Associations may need to get creative as they work with shelter in place orders which include limiting or prohibiting access to recreational facilities and amenities. Some residents may try to use the facilities despite closure. Enforcement may then need to involve additional steps such as taking down nets at volleyball, pickleball and tennis courts and turning off heat to pools and spas. Maintaining social distancing may become more challenging as the weather gets warmer and people want to congregate outdoors. Turning off gas to outdoor barbecues or firepits may be necessary. These issues should be monitored and if enforcement methods are not effective, consult with legal counsel on a case by case basis.

Boards may also be seeing an increase in delinquent assessments as members are affected by the economic impact of the COVID-19 virus pandemic. Associations rely upon payment of assessments by all of their members in order to meet the financial obligations imposed by the governing documents, and by California law. Members may be reaching out to the association to request a deferral of assessments or reductions due to closure of recreational facilities/amenities. It is important to keep active communication open with the membership, and to let them know the consequences if assessments are not paid. Many owners are not knowledgeable about the association’s budget and are unclear about what assessments pay for.

Some owners believe that they are paying “dues” to use the pool, and that they won’t need to pay if the pool is closed. Others think assessments are primarily to fund reserves, and don’t think putting money aside is a priority if there is a pandemic and they are unemployed. Associations should take proactive steps to communicate to their members what the assessments are used for, including maintenance and repair of common areas, operation of the association, insurance, etc. Members may not realize payment of assessments keep their property values at the highest possible levels, and that if they do not pay, their entire community may suffer.

Questions regarding assessments, delinquencies, etc. should be reviewed and responded to on a timely basis. If you need advice on assessment problems, give us a call. If you would like a proposal for Assessment Collection services for your association, you may email any of our attorneys or Diane Weissberg at dweissberg@fiorelaw.com .

We will continue to provide updates as additional information is available. Please reach out to us toll free at 877-31-FIORE (877-313-4673) to discuss your legal matter. For 46 years, we remain The Recognized Authority in Community Association Law .

SB 323 Requires All Associations to Update Their Election Rules – Don’t Wait Any Longer

Senate Bill 323, was adopted by the California Legislature and requires all community associations to make changes to their Election Rules, effective January 1, 2020. Changes to the Association’s Election Rules must be made more than 90 days prior to an election or vote. Although many associations are postponing annual meetings and votes because of COVID-19, your association should use this time to update and distribute revised Election Rules to be in compliance when the meeting or vote is held.

Fiore Racobs & Powers can help. We can quickly provide you with a proposal to prepare customized and updated Election Rules for your association in compliance with the new law, and with existing provisions of the Davis-Stirling Common Interest Development Act. Contact us today for a proposal.

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Leaders in the Community Association Legal Field Since 1973

Fiore Racobs & Powers is The Recognized Authority in Community Association Law . Our clients include residential and commercial condominiums, planned unit developments, stock cooperatives and community apartment projects. These clients consist of both on-site and off-site managed projects, including small and large scale communities with controlled gated access, privately owned streets, lakes, clubhouses, equestrian facilities, marinas, high and mid-rise buildings, senior living and other amenities.

Fiore Racobs & Powers is a full service law firm, providing complete representation of common interest developments.

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