HOA Look Planned Community Association

Who's responsible? Is the landlord responsible for making sure their tennants don't destroy the neighbors property? Do I have any rights or expectations when it comes to living next door to a rental property?
Re: Rental Property owner not taking responsibility for Tenant.
Yes, the owner is responsible.

UNIFORM COMMON INTEREST OWNERSHIP ACT (1994)

NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
676 North St. Clair Street, Suite 1700
Chicago, Illinois 60611
312/915-0195
The Uniform Common Interest Ownership Act ("UCIOA") was adopted at the 1982 Annual Meeting of the National Conference of Commissioners on Uniform State Laws (the "ULC"). It combined, in a single comprehensive law, prior uniform laws in this area (the Uniform Condominium Act (1980), the Uniform Planned Community Act (1980), and the Model Real Estate Cooperative Act (1981)). By 1994, UCIOA had become the law in at least five States, while the Uniform Condominium Act, or substantially similar laws, exist in 21 States. The Uniform Planned Community Act is the law in one State.

In 1994, the ULC adopted significant amendments to UCIOA. Following an intensive study of UCIOA by the Joint Editorial Board for Real Property Acts,
the ULC appointed a Drafting Committee to write the necessary amendments and additions. Changes to UCIOA should result in corresponding changes in these prior laws; consequently, practitioners in approximately half the American jurisdictions need to have a basic understanding of the changes.

1. The definition of "common elements" (Section 1-103(4)), which is a very basic concept, has been amended to clarify that (a) the common elements may include easements, including easements for the benefit of unit owners and (b) real estate may be owned or leased by the association and not be subject to the declaration.
2. A fundamental precept of UCIOA is that full and adequate disclosure to purchasers is a viable alternative to governmental registration and supervision. Declarants are bound by representations made in the declaration, by the models or samples they use, and by the public offering statements, and are held to statutory limitations and standards to protect consumers. Among the basic representations made by declarants are those which describe the scope of development rights and their duration.

Unruly and disruptive tenants have been a significant problem in association administration. Revised Section 3-102 gives rights to associations to enforce the declaration, bylaws, and rules and regulations not only against the unit owner but also the tenant. Associations may now levy fines against tenants and enforce the rights of the unit owner as landlord.
UCIOA and its predecessors distinguished between the standards of conduct applicable to executive board members appointed by the declarant and elected by the unit owners. Section 3-103(a). Experience under this Act demonstrates that the stated standards require further clarity. As amended, UCIOA sets out clearer (and more easily understood) standards: members of the executive board appointed by the declarant will be subject to the standard of care applicable to trustees, and members elected by the unit owners will be subject to the degree of care required of a director of a nonprofit corporation, subject to the business judgment rule.
Revised Section 3-111 clarifies that no period of limitation regarding an association's claims against the declarant will run against the association, including warranty claims, until the period of declarant control terminates.
However, because a declarant ought not to warrant the common elements for an inordinate period of time (which may be the result if the period of declarant control is substantial), Section 4-116(d) authorizes the declarant to cause an independent committee of the executive board, during the period of declarant control, to evaluate and enforce warrant claims involving the common elements.

This section has also been amended to require that a tort claim based on ownership of common elements be brought against the association, and not against individual unit owners
UCIOA permitted a condominium association or a planned community association to convey or encumber common elements under the restrictions of Section 3-112(a). Subsection (g) stated the general rule that a conveyance or encumbrance would not affect the priority or validity of pre-existing encumbrances. UCIOA (1994) better protects the rights of the holders of those interests

In order to ensure that association rights in bankruptcy are protected, Section 3-116 provides that the association's lien is a statutory lien and makes clear that the lien for unpaid assessments arises, as a matter of law, upon adoption of the statutory amendment for all existing associations and from the creation of the regime for all regimes created after adoption of the amendments.

90265 groundwater nutrients, isotopes and metals

Coastal & Marine Geology InfoBank,USGS CMG Z-1-09-SC Metadata .United States Geological Survey, Pacific Science Center. Resistivity work on Lagoon and Septic Beach data of ongoing (in work) field activity Z-1-09-SC in Lagoon and Septic Beach from 07/20/2009 to 07/27/2009 Resistivity work on Lagoon and Septic Beach .Groundwater nutrients, isotopes and metals

California Low-Level Flights U.S. Geological Study

Airplane to Make Low-Level Flights Over Parts of Southeastern California
Contact Information:U.S. Department of the Interior, U.S. Geological SurveyOffice of Communication 119 National CenterReston, VA 20192
Residents should not be alarmed to witness a low-flying airplane over parts of southeastern California covering the western edge of the Mojave National Preserve and extending toward Barstow starting around June 6.
For about one month, an airplane operated under contract to the U.S. Geological Survey (USGS) will be making low-level flights over the Soda Lakes area southeast of Fort Irwin and northwest of the Twenty-nine Palms Marine Corps combat center. The survey will cover the towns of Baker, Ludlow, and smaller towns near Barstow with the purpose of collecting and recording geologic measurements.
Anyone observing the low-flying plane should not be alarmed when they see it fly over or pass below the horizon. The airplane is operated by experienced pilots who are specially trained for low-level flying.
This survey is designed to remotely study geologic and hydrologic units that lie below land surface. It is part of an ongoing USGS program to identify features such as changes in rock types, ultimately providing a better understanding of the geology and hydrology of the area.
The airplane is operated by Firefly Aviation of Calgary, Canada, which is working with the Federal Aviation Administration to ensure flights are in accordance with U.S. law.
Editor: In the public interest and in accordance with Federal Aviation Administration regulations, the USGS is announcing this low-level airborne project. Your assistance in informing the local communities is appreciated.

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California Identity Theft Victims Rights

Identity theft is taking someone’s personal information and using it for an unlawful purpose, such as opening credit accounts or making charges on the victim’s account.California Identity Theft Victims Rights

Malibu,Ca.90265 Directions

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Home Warranties

A new study shows that homes offered with warranty protection sell quicker than homes with no warranty offer. And in a situation where first-time homebuyers are expected to account for more than 50 percent of sales, home warranties could have an even bigger impact.Warranties Can Boost Sales Here’s why...
Home Warranties News Release
June 12, 2009
HousingZone
Memphis, Tenn., June 11 – A study conducted by American Home Shield and a major national real estate company reveals that homes offered with warranty protection sold an average of 23 days faster than homes with no warranty coverage.
In addition, those same homes earned four percent more at closing than homes without coverage.
In a year where first-time homebuyers are expected to account for more than 50 percent of sales, home warranties could have an even bigger impact.

"Given the anxieties of first-time buyers, a home warranty could likely make a difference when they are comparing properties," said Mike Vazeii, Director of Real Estate Marketing for American Home Shield. "First-time buyers will be an important demographic this year, and the competition for their business will be fierce. Listings that come with a home warranty policy will likely have a distinct advantage with this group."

The study was conducted in conjunction with a large national real estate firm, and results were verified by Cannon & Company, a third party accounting firm. Data was compiled from 158,197 residential real estate listings that closed between Jan. 1, 2007 and March 31, 2008.
Home Warranties
A variety of market factors are enticing first-time buyers. Interest rates are historically low, and the new federal stimulus bill provides for up to an $8,000 tax credit for first-time buyers that earn less than $75,000 ($150,000 for couples). The average cost of an existing home in 2009 is about $20,000 less than a home listed during the same period in 2008.
"Couple all this with the fact that first timers are unencumbered with selling an existing home and you have an excellent climate for new buyers," Vazeii said. "But selling successfully to first-time buyers requires an understanding of the unique perspectives they have."

Typically, first-time buyers are more anxious than experienced homebuyers because buying a home is likely the largest single purchase they have ever made. A variety of factors weigh on their minds: mortgage payments, a long-term commitment, the depletion of their savings and the added responsibility of owning a home and the expenses that come with it. They realize that unexpected major expenses may put them at risk of defaulting on their loan. learn more about Home Warranties

HOA defined declaration by laws

Uniform common interest owner ship act, HOA,and defined declaration by laws this section permits the defined terms used in the Act to be defined differently in the declaration and bylaws. Regardless of how terms are used in those documents, however, terms have an unvarying meaning in the Act, and any restricted practice which depends on the definition of a term is not affected by a changed term in the documents.
A declarant might vary the definition of "unit owner" in the declaration to exclude himself in an attempt to avoid assessments for units which he owns. The attempt would be futile, since the Act defines a declarant who owns a unit as a unit owner and defines the liabilities of a unit owner.
The definition of "Affiliate of a declarant" (Section 1-103(1)) is similar to the definition of 12 U.S.C. Section 1730a, which prescribes the authority of the Federal Savings and Loan Insurance Corporation to regulate the activities of savings and loan holding companies, and in 15 U.S.C. Section 78c(a)(18), which defines persons deemed to be associated with a broker or dealer for purposes of the federal securities laws.
The objective standards of the definition permit a ready determination of the existence of affiliate status to be made. Unlike 12 U.S.C. Section 1730a(a)(2)(B), no power is vested in an agency to subjectively determine the existence of "control" necessary to establish affiliate status. Thus, affiliate status does not exist under the Act unless these objective criteria are met.

As a result of this definition, the association may, in some instances, be a declarant. Under the definition of "Affiliate of a declarant," it is possible that 20% of the unit owners may "act in concert" to control the activities of the association. While the mere casting of these votes at an association meeting would not normally constitute "concerted action" by those unit owners, other acts by individual unit owners might constitute such concerted action. The consequences of that result are determined under Section 3-104.

3. Definition (2), "Allocated interests," refers to all of the interests which this Act requires the declaration to allocate to the common interest communities.

"Allocated interests" is defined differently with respect to the three forms of Ownership
"Allocated interests" is defined differently with respect to the three forms of Ownership.
First, the important interests, common to all projects, are the proportionate shares of common expense liabilities, and votes in the association, allocated to each unit. In either a cooperative, condominium, or planned community, every unit in the project must have a share of the votes and common expense liabilities.
Second, because the common elements are "owned" by the association in a planned community or cooperative, in contrast to a condominium, there is no common element interest allocated to unit owners in a planned community or cooperative.
Third, in a cooperative, because unit owners have traditionally had an ownership interest in the cooperative corporation, either in the form of stock or a membership certificate, the Act continues to require allocation of an "ownership interest in the association" to each unit.
The common element or ownership interest has limited significance. One situation in which the common element interest allocation would be important, however, is the distribution of insurance proceeds following a loss where an entire condominium project is not repaired or replaced and insurance proceeds are distributed to unit owners. See Section 3-113(h). See also Section 2-118(j)(2).
. Definition
(4), "Common elements" is bifurcated. The Act adopts the UCA and MRECA definition with respect to condominiums or cooperatives. However, the Act adopts UPCA's definition with respect to planned communities.
5. Definitions (4) and (31), treating "Common elements" and "Units," should be examined in light of Section 2-102, which specifies in detail how the differentiation between units and common elements is to be determined in any given common interest community to the extent that the declaration does not provide a different scheme. No exhaustive list of items comprising the common elements is necessary in this Act or in the declaration, as long as the boundaries between units and common elements can be ascertained with reasonable certainty. The common elements include by definition all of the real estate in the condominium or cooperative not designated as part of the units.
6. The 1994 amendment to the definition of common elements in Section 1-103(4) addresses and clarifies a real estate arrangement found in some common interest planned communities - that is, easements or other forms of servitudes which benefit the community and which run either to the unit owners association or to all the unit owners in the association. Examples of such interests include access easements to a land locked parcel on which the community is located, easements for shared parking, etc. This easement, as any commonly held interest in real estate, is and should be a common element. In reciprocal easement communities, the easements may be the only common elements
The drafters also seek to distinguish between real estate owned or leased by the unit owners association which is subject to the declaration, and similar real estate which is not subject to the declaration.
In a planned community, if that real estate is subject to the declaration - that is, it is "within the planned community" - it meets the definition of a common element. If that real estate is not within the planned community, title may be held by the association, but it is not a common element unless the declaration is amended in accordance with this Act to incorporate that real estate as part of the real estate subject to the declaration.
www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/ucioa94.htm

"Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the person (i) is a general partner, officer, director, or employer of the declarant, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the declarant, (iii) controls in any manner the election of a majority of the directors of the declarant, or (iv) has contributed more than 20 percent of the capital of the declarant. A person "is controlled by" a declarant if the declarant (i) is a general partner, officer, director, or employer of the person, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the person, (iii) controls in any manner the election of a majority of the directors of the person, or (iv) has contributed more than 20 percent of the capital of the person. Control does not exist if the powers described in this paragraph are held solely as security for an obligation and are not exercised.

Allocated interests means the following interests allocated to each unit: (i) In a condominium, the undivided interest in the common elements, the common expense liability, and votes in the association; (ii) in a cooperative, the common expense liability and the ownership interest and votes in the association; and (iii) in a planned community, the common expense liability and votes in the association

Association or "unit owners' association" means the unit owners' association organized under Section 3-101.

"Common elements" means (i) in the case of (A) a condominium or cooperative, all portions of the common interest community other than the units; and (B) a planned community, any real estate within a planned community which is owned or leased by the association, other than a unit; and (ii) in all common interest communities, any other interests in real estate for the benefit of unit owners which are subject to the declaration.
"Common expenses" means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.
"Common expense liability" means the liability for common expenses allocated to each unit pursuant to Section 2-107.
"Common interest community" means real estate with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. "Ownership of a unit" does not include holding a leasehold interest of less than [20] years in a unit, including renewal options
"Condominium" means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners
"Conversion building" means a building that at any time before creation of the common interest community was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.
"Cooperative" means a common interest community in which the real estate is owned by an association, each of whose members is entitled by virtue of his ownership interest in the association to exclusive possession of a unit.
"Dealer" means a person in the business of selling units for his own account.
"Declarant" means any person or group of persons acting in concert who (i) as part of a common promotional plan, offers to dispose of his or its interest in a unit not previously disposed of or (ii) reserves or succeeds to any special declarant right [, or (iii) applies for registration of a common interest community under [Article] 5].
"Declaration" means any instruments, however denominated, that create a common interest community, including any amendments to those instruments.
"Development rights" means any right or combination of rights reserved by a declarant in the declaration to (i) add real estate to a common interest community; (ii) create units, common elements, or limited common elements within a common interest community; (iii) subdivide units or convert units into common elements; or (iv) withdraw real estate from a common interest community.

"Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but the term does not include the transfer or release of a security interest.

"Executive board" means the body, regardless of name, designated in the declaration to act on behalf of the association.

"Identifying number" means a symbol or address that identifies only one unit in a common interest community

"Leasehold common interest community" means a common interest community in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the common interest community or reduce its size.

"Limited common element" means a portion of the common elements allocated by the declaration or by operation of Section 2-102(2) or (4) for the exclusive use of one or more but fewer than all of the units

"Master association" means an organization described in Section 2-120, whether or not it is also an association described in Section 3-101.

"Offering" means any advertisement, inducement, solicitation, or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a common interest community not located in this State, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the common interest community is located.

"Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. [In the case of a land trust, however, "person" means the beneficiary of the trust rather than the trust or the trustee.]

"Planned community" means a common interest community that is not a condominium or a cooperative. A condominium or cooperative may be part of a planned community
"Proprietary lease" means an agreement with the association pursuant to which a member is entitled to exclusive possession of a unit in a cooperative.
"Purchaser" means a person, other than a declarant or a dealer, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than (i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for an obligation.

Real estate means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.

"Residential purposes" means use for dwelling or recreational purposes, or both.

"Security interest" means an interest in real estate or personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.

"Special declarant rights" means rights reserved for the benefit of a declarant to (i) complete improvements indicated on plats and plans filed with the declaration (Section 2-109) or, in a cooperative, to complete improvements described in the public offering statement pursuant to Section 4-103(a)(2); (ii) exercise any development right (Section 2-110); (iii) maintain sales offices, management offices, signs advertising the common interest community, and models (Section 2-115); (iv) use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community (Section 2-116); (v) make the common interest community subject to a master association (Section 2-120); (vi) merge or consolidate a common interest community with another common interest community of the same form of ownership (Section 2-121); or (vii) appoint or remove any officer of the association or any master association or any executive board member during any period of declarant control (Section 3-103(d)).

"Unit" means a physical portion of the common interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to Section 2-105(a)(5). If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.

"Unit owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common interest community, but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration. In a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated (Section 2-107) until that unit has been conveyed to another person.

Common Interest Community Defined

Nearly without exception, UCIOA achieves the goal of uniformity among all three forms of ownership simply by consolidating the three prior Acts of the Conference and adding a very few generic definitions. The principal new definition is "common interest community."

Because of the use of consistent definitions and policies in the three Acts preceding UCIOA, consolidation of the three in the merged Act was a relatively simple task. The section numbering system of UCIOA is entirely parallel with the other three Acts, and the language of UCIOA tracks, as applicable, with the cognate sections of those three Acts. Differences in result between the three Acts are preserved where appropriate. At the same time, during the drafting of UCIOA, in a few instances, it became clear that some differences in result were of form rather than legitimate substance. In those cases, the substantive result of one or more of the three Acts was changed to reflect a policy generally applicable in all forms.

The result is that a State wishing to consider legislation in the common interest ownership field has a range of choices from which to select. Many States will wish to adopt comprehensive legislation, providing maximum flexibility and certainty to all developers, lenders, and title insurers, while at the same time providing all unit purchasers and their associations a uniform level of disclosure, warranty protection, and other rights. In those States, the consolidated Act is a workable and desirable long-term solution. Other States may wish simply to adopt a modern condominium statute to replace an existing but plainly outdated, statutory structure. In those States, UCA alone is the obvious choice. Finally, in States where existing "second" or "third" generation condominium statutes are seen as satisfactory, but a need for additional certainty and structure is desirable for planned communities or cooperatives, the two Acts governing those forms of ownership are available. Following adoption of one of the three constituent Acts, it would be very feasible, by a few carefully considered amendments, to adopt UCIOA and thereby extend coverage to include all forms of ownership in the field.

HOA Assessment Fees FYI

A CID is descriptive not only of a certain type of real estate and form of home ownership, but also of a life-style that is becoming more and more common to the American way of life. To understand the concept, it is important to know that there is no one structural type, architectural style, or standard size for CIDs. They come in a variety of types and styles, such as single family detached houses, two story townhouses, garden style units with shared party walls, and apartment-like, multi-storied high rises.
Currently in California, there are tens of thousands of CIDs which range in size from a simple two unit development to a large complex having thousands of homes, many commonly owned facilities, and multiple associations under the auspices of one overall master association. However, despite the wide range of differences that may exist among CIDs, all CIDs are similar in that they allow individual owners the use of common property and facilities and provide for a system of self-governance through an association of the homeowners within the CID.
The most common type of association of homeowners is the nonprofit mutual benefit corporation. This is a corporation in which the members of the corporation vote for a board of directors which runs the affairs of the corporation. However, some associations, usually the older ones, are unincorporated associations. In many ways, unincorporated associations are treated the same as mutual benefit corporations under California law .Common interest development (CID) The info Below is old and should only used to read. Important:If you wish to research the subject matter further, you may wish to consult with an attorney or an industry professional experienced with CIDs.
The Department of Real Estate assist with the enforcement of the Bylaws and CC&Rs?
CIDs are subject to the Davis-Stirling Common Interest Development Act (California Civil Code Sections 1350 et seq.). This Act is intended to provide homeowners with a system of self-government and dispute resolution. The Department of Real Estate reviews the legal framework of all new CIDs to ensure compliance with the Subdivided Lands Law as part of the public report application process before homes are offered for sale to the public. Once sales have commenced, the Department's jurisdiction is limited to the subdivider's obligations under the public report, which does not include intervention in association disputes. Presently, there is no state or local agency that directly regulates associations or their members.
see HOA Homeowners Real Estate (6.)www.dre.ca.gov/pub_re39.html

Different types of HOA assessments or fees?
There are several types of assessments that may apply to your association. The California Civil Code defines assessments as either being regular or special. Regular assessments are needed for the operating (day-to-day) and reserve (long-term maintenance) activities of the association.
Special assessments are those levied by the association for major repairs, replacement, or new construction of the common area or for a one-time, unanticipated expense which cannot be covered by the regular assessment (e.g., insurance premiums that unexpectedly sky rocket).

Note, a special assessment should not be confused with a monetary penalty levied by the association against an individual owner to reimburse the association for an expense such as damage to the common area, or imposed as a disciplinary measure for a violation of the rules and regulations. Homeowners can be fined for damaging common areas and/or violating any rules and regulations of the association.(14)

Some CIDs establish user fees or special charges for services and activities that are not customary. Typically, these are imposed on an owner specifically benefiting from the service, such as an owner who wants to use the common area pool, clubhouse, or tennis courts to entertain private guests. The fees are usually on a pay-as-you-go basis and generally cannot become a lien on the owner's unit or interest.

There are other types of assessments that may be designated by the CID homeowners association. For example, an association may have an assessment for cable television service. A reimbursement assessment may be levied against an individual owner as a charge for damage to the common area resulting from an act by the owner or an owners guest.

Who can raise the amount of the assessment?
The board of directors can increase the amount of the assessment by following certain procedures mandated by California Civil Code Section 1366. Even if the governing documents are more restrictive, the board of directors may not increase the regular assessment more than 20 percent per year, without the approval of the owners. The board must circulate a budget to the membership no less than 45 days but no more than 60 days prior to the beginning of the fiscal year. If the budget indicates that an assessment increase greater than 20 percent is necessary, a majority of the members of the association must approve the assessment. There are also provisions for a board to increase an assessment more than 20 percent without member approval in cases of emergency such as an extraordinary expense required by order of a court, or for repairs to the common area.

What happens if you do not pay your assessments?
Usually, the association will send you a reminder letter as a first step.
The law is specific in California regarding the due date of assessments and the overall process that an association must follow regarding deliquent assessments.
The law states that if an assessment is not paid within 15 days of the due date, a delinquency occurs. At this point, the association can add a charge to your assessment in the form of a late fee in the amount of $10.00 or ten percent of the monthly assessment amount, whichever is greater, unless the CC&Rs specify a lesser amount.

Again, the law covering this area is quite clear and the board must follow these procedures.
Once a year, the association will send each owner a copy of the assessment collection policy, which will tell you the amount of the late fee. If your assessment becomes over 30 days delinquent the association has the right to assess interest up to 12 percent per year on the balance which is owed and unpaid.

If you still fail to pay your assessments, the matter may be referred to an attorney or forclosure service. The association has the right to lien your property for the amounts owed as well as other costs such as attorneys fees.Ultimately, the association can foreclose and take your property for you failure to pay assessments. A personal judgment may also be entered against you.
As you can see, it is imperative that all owners pay their assessments in a timely manner. Failure by several owners to pay their assessment obligation could place the association in financial jeopardy.(16) The best place to look for the different types of assessments that may apply to a CID is in the CC&Rs of the association.

Can owners rent to someone else?(21)
Some CIDs restrict the number of units that may be rented by owners. Some CC&Rs require that a rental agreement acknowledge that the tenancy is subject to all of the rules and regulations of the association. Some associations' rules and regulations also require that you provide the association with a copy of the rental agreement. In most associations, the CC&Rs state that the owner of the property being rented is responsible for the conduct of the tenant. Naturally, it is in the best interest of all parties to prevent problem situations between tenants and owners of other units. If your tenant does damage to the common area or creates a nuisance (e.g., loud music or pet problems), the disturbance could become your problem and the association may fine you.
What are your individual responsibilities as an owner living in a CID?
Primarily, you are responsible for paying your assessments on time and abiding by the CC&Rs and all other rules and regulations which exist for community harmony.(22)

What are your individual rights as an owner living in a CID?
Your individual rights as an owner living in a CID are based upon the laws of the state of California and the documents you signed at the time of purchase. Prior to making a purchase, it is advisable to thoroughly review the CC&Rs and any other governing documents applicable to the CID. You may also wish to attend a board meeting and obtain copies of minutes from previous board meetings. The CID should be able to demonstrate that it has adequate insurance coverage, a solvent budget and a sufficient reserve account.

Generally, the rights of owners include:
The right to participate in meetings of the board of directors and to be heard.
The right to enter into dialogue with your association board of directors with regard to any problem you may perceive in the development.
The right, with some exceptions, to utilize an alternative dispute resolution process, if a dispute arises between you and the association prior to the involvement of the court system.
A Look at Who Does What and When
MANAGEMENT
The management function of a community association is adminitrative in nature. The Board of Directors is the principal policy making body for the association. Their role is to govern by establishing policies, operational standards, procedures, fiscal policies and eventually the association's operation budget.
Implementing policy governance means the Board does not get involved in the day-to-day operations of the association. The role of the community management professional is to implement the policies and procedures established by the board.
There are various approaches to association management; including the use of unpaid volunteers, hiring association paid staff or utilizing a third party management firm, each of which has its pluses and minuses. Whatever the level of management services selected for the association, clearly defined tasks and responsibilities will contribute to the overall successful management of the association. Although the governing body of the association.
Administration and compliance program
The administration and compliance program encompasses all financial activities of a routine basis for any given fiscal year. They include day-to-day communication and problem solving with unit owners on common area issues and communication with subcontractors performing services for the association.Also included is record keeping for the association, the paper documentation required by law for compliance with state, federal and local regulations and requirements, as well as the attendance at the Board of Directors meetings and the annual meeting of the association members.• Coordination of alternative dispute resolutions litigation
• Minute taking and preparation of meetings of the as so -ciation
• Collection of delinquent accounts
• Property inspections
• Rules enforcement/proceedings
• Architectural processing and monitoring
• Attendance at association meetings beyond one per month
• Transfer of owner documentation
• Securing proposals for subcontractors work (particularly with reserve items)
see page19:401. www.dre.ca.gov/pdf_docs/OCM_final_2007.pdf



AB 2289 (Kehoe) — Common
Interest Developments (Chapter
1111)
AB 2289 makes numerous changes
to the procedures followed by
homeowners associations when a homeowner
is delinquent on fees and assessments.
These changes include a
waiting period prior to the notice of
recordation of a lien, a meeting by the
association.s board with the homeowner
to discuss the matter upon the
homeowner.s request, and additional
mandatory disclosures and notices
throughout the process. The bill also
limits the circumstances during which
an association may deny a homeowner
access to his or her property

AB 2546 (Nation) — Real Estate
Marketing: CIDs (Chapter 817)
This bill limits the requirements/
restrictions that a homeowners. association
(HOA) may place on an owner
seeking to market his or her interest in
a common interest development (CID).
In addition, this bill voids any rule or
regulation of an association that arbitrarily
or unreasonably restricts an
owner.s ability to market his or her
interest in a common interest development.
The California Association of
Realtors sponsored AB 2546.

HOA HomeOwners Save On Fees

Measure Costs HOA Homeowners can save on electric and hot water. Like Pools and Spas. The electrical energy needed for swimming pools and spas is consumed by a water circulating pump motor in the spa (or occasionally gas or electric heaters). A rough estimate of energy consumption per month for each can be made if the horse power of the motors can be determined. Circulation pumps operate 8 to 12 hours per day, 100% of the year due to health and sanitary reasons. Spa blowers operate when the unit is used. Twenty minutes per unit, per day is a reasonable estimate of time use for spa blowers on smaller projects. Large projects would use up to 12 hours maximum. Larger spas and pools will require larger motors.also HOA HomeOwners Save On Energy Fees

Solar Heating Give Ways to HOA Saving.
Solar Pool and Spa Heating (www.dre.ca.gov/pdf_docs/OCM_final_2007.pdf )
Solar systems for pools can greatly reduce or eliminate the need for expensive natural gas for pool heating, depending on the level of swimming comfort and the length of swimming
season desired. Solar can also be used to heat hot tubs or spas in conjunction with conventional heaters and may reduce gas consumption by up to 25%.
Active solar pool heating includes collector panels, controls, and plumbing. The pools own filter pump serves to pump the water up to the collectors, where it is warmed, and back down to the pool. The collector area needed to provide 100% of pool heating needs is equivalent to the surface area of the pool; typically,systems are sized to provide 60-75% of the need. Price per square foot installed is in the range of $12 – $14. Home owners association sized pool heating systems cost in the range of $4,500 – $8,500. Security gate motors can vary depending on size and weight of the gate and method of opening.

Home Owners Save with Solar Water Heating
Solar water heaters are generally sized so as to meet 70% of the demand for hot water on an annual basis. Back-up systems using electricity or natural gas supply the other 30%. In a condominium building, solar water heating is most economically installed as a central system with centralized back-up. In a townhouse-type development, individual systems for each unit
are often used. Solar water heating systems may be integrated with solar pool heaters.

Solar water heating systems include glazed collectors, a storage tank, a pump, controls, and plumbing. The size of system required depends on the hot water needs of the residents. Common rules of thumb hold that hot water use is 20 gallons per person per day in multi-family housing; that 1/2 – 3/4 square foot of collector space is needed for every gallon of demand;
and that 1 1/2 – 2 gallons of storage capacity must be provided for every square foot of collector space. Thus, a family of 4 using 20 gallons of water apiece will require 40–60 square feet of collector and between 50 and 120 gallons of storage space.On multi-family new home construction, the California Energy Commission estimates the cost per unit for solar water heating to be about $1000. Townhouse-type construction with individual solar systems generally cost more.
The California Energy Commission estimates that the average family of four living in a multifamily housing structure will save 211 therms of gas a year with a solar water heater.Ideal installation can expect a maximum savings in energy consumption for space heating of 50%.
Leasing Solar Equipment It has become more popular to lease solar equipment for hot water and pool heating.In many cases, the monthly savings in energy is enough to make the lease payment.In addition, users of a leased solar equipment may still be eligible for some tax credits. If your association leases equipment,the monthly payment amount should be included in the budget. Also (www.dre.ca.gov/pdf_docs/re25.pdf )

California HOA INS & Unit Experces

HOA Homeowners Association Townhouse Communties Hoa Costs and Unit expences.California Laws on Community HOA Insurance.The following information is not in tended to cover all facets of insurance for common-interest subdivisions. There are a great many aspects which should be considered to give the association proper coverage. The purpose of this section is to alert governing bodies to the need of tailoring casualty insurance and commercial liability insurance to the needs of the owners and association collectively.

The minimum insurance coverage required to be carried by a common-interest subdivision association is usually specified in the governing documents for the development as well as governed by Civil Code 1365.9 and 1365.7. However, the governing body will have many factors to consider in determining the most adequate insurance coverages to obtain for the most
reasonable cost. It may not be in the associations best interest to obtain only the minimum
insurance as required in the Covenants, Conditions and Restrictions. All common interest developments should consider insurance covering commercial property, commercial liability, Directors and Officers Liability,Fidelity Insurance and Workmans Compensation insurance and
earthquake insurance.

Planned Development CoverageFire, casualty and other insurance car ried by the homeowners’
association in a planned development is customarily limited to coverage attributable to destruction, damage and injuries which occur on the property owned by the association or by the owners incommon. The individual owner in a planned development normally carries fire and liability insurance on the individually owned lot. In some cases, however, where the planned
development involves clustered or townhouse-type residential structures, the association obtains a blanket policy covering all dwelling units. An advantage to the blanket policy is the lower premiums for equal coverage.

There is commonly owned property which normally comprises all of the real property except
that which is enclosed by the interior surfaces of the cubicles of space. Lenders financing the development with attached units, as a whole, will insist upon a blanket insurance policy providing single coverage for all of the insurable real property within the de vel op ment. An association must obtain coverage sufficient to satisfy the re quire ments of all lenders involved in
rebuilding units in the proj ect in case of a major loss. Failure to do so could result in the creating of problems between some unit owners and their mortgagees. Each individual owner should satisfy himself that the master policy adequately cov ers his insurable interest in the real property. If it does not, the individual owner may (if allowed by CC&Rs) secure his own insurance for the real property as well as the personal property located within the cubicle of space that is individually owned.

Co-Insurance Clause Some policies include a co-insurance clause which will operate to limit the insurer’s liability (with a cor re spond ing reduction of policy premium) in the event of a loss if the improvements are insured at less than 80% of their cur rent replacement value at the time of loss. A co-insurance clause places the responsibility of insuring the im prove ments at 80% or more upon the owners to avoid having a depreciated value given to the improvements in settlement of a loss. The effect of this clause is that if the amount of insurance falls below the required percentage of current replacement value the insured will co-insure replacement costs with signifi cant out-of-pocket costs involved. In most cases a co-insurance clause can be deleted through a waiver of coinsurance with an Agreed Amounts endorsement. In this case the insurance company agrees to pay a flat amount of the actual loss up to the agreed amount limit per occurrence per year.

Workers Compensation like a handyman .Workers Compensation is a form of liability insurance coverage that by California law must be maintained by any entity which falls within the statutory definition of employer to secure the payment of compensation to employees or their survivors in case of the injury or death of the employee attributable to his employment. Because the definition of an employee is extremely broad, it is recommended that an allowance for
this be included in all budgets. HOA Home Owner Insurance and more.see new Guideline. www.dre.ca.gov/pdf_docs/re25.pdf

HOA Operation Cost Manual

HOA Manual for California Homeowner Associations
California Department of Real Estate,HOA Operation Cost Manual
Department of Real Estate Budget Review Section

HOA HomeOwner Association Budget Review Section
320 W. 4th Street, Suite 350
Los Angeles, CA 90013-1105
213- 576-6980

Guidelines for HOA Homeowner Association are Items to be budgeted.

Here these HOA Items have been divided into the following five categories:
100 — Fixed Costs (taxes, insurance, etc.)
200 — Operating Costs (utilities, goods and services)
300 — Reserves (for replacement and major maintenance)
400 — Administration (legal, accounting, etc.)
500 — Contingency

Planned Developments unlike Condos
In planned developments, common area taxes are normally assessed on a pro rate basis to the individual dwelling units which make up the development in accordance with Section 2188.5
of the Revenue and Taxation Code. There is no need for the association to budget for property taxes against common areas and facilities in a planned development.

There are reports however, that some county asessors may assess a portion of the value of common area and improvements to the association having title to the property as a means of assuring that the property does not escape a fair assessment. It is, therefore, strongly suggested that an owners HOA association consult with the county assessor on his proposed plan for as sessment of the common areas and facilities before preparing the budget. Common area
lots might also be assessed property taxes under provisions of Mello Roos Special Tax Districts.

Does the HOA Homeowner association holds title to recreational common area. Then it is possible that this property will be separately assessed to the association. Again, this is information that should be obtained from the county assessor before a budget is prepared.

Common area which is owned by owners of individual units as tenants in common must be assessed on a prorated basis to each owner of a unit pursuant to Section 2188.3 of the Revenue and Taxation Code

HOA Corporation Franchise Most associations can qualify for tax exempt status under statelaw if they are able to meet federal re quire ments for treatment as tax exempt organizations under Federal Income Tax Codes. If an ex emp tion is granted by the Franchise Tax Board, an in corporated association will not have to pay the minimum state franchise tax (currently $800.00 per annum). If granted, all associations both incorporated and unincorporated must annually file an informational tax return with the Franchise Tax Board. The annual fee is currently $10.00 and the initial fee is $25. As in the case of the federal law, an association must file a tax return and pay income tax to the state for its nonexempt income.

Each of the first four major categories have been divided into subcategories or into component line item expenses to facilitate the inventory and budget preparation processes.The costs that have been developed for Planned community developments are those customarily associated with low-rise or garden-type Townhouses.

1. Description of Common Area Categories,Description Monthly Costs Equal Costs Variable Costs
2. Variable Assessment Computation -insurance,water,gas,paint,roof,hot water,etc.

HOA Common Area Overlooked

HOA Homeowners Association expenses and planning common area reports. State of California
Department of Real Estate Bugets and Major Common Area Components Frequently overlooked.RESERVE STUDY GUIDELINES for Homeowner Association Budgets Overlooked
www.dre.ca.gov/pdf_docs/re25.pdf
Alarm systems, fire and intrusion
Antennas, satellite dish and other
Asbestos encapsulation or removal
Display cases
Docks
Drainage systems
Electrical transformers
Electrical wiring and related fixtures in common area
Fans, exhaust, garage and other
Fire sprinklers and related equipment
Fountains
Garage doors and hardware
Garbage enclosures
Gutters and downspouts
Irrigation system, controllers
Irrigation system, piping, valves and sprinkler heads
Kiosks and message/communication centers
Lakes, ponds and waterways
Landscaping, replacement of major trees and plants
Mailboxes and centers
Monitoring system, carbon monoxide
Planter boxes
Plumbing fixtures, exterior
Plumbing, water piping system
Posts, deck, lamp, etc.
Pumps, lakes, ponds and waterways
Racquetball courts
Security gates, gate operator and motor
Septic tanks
Sewage ejector equipment
Skylights
Slopes
Stables and tack rooms
Stairs
Stucco, sandblasting and resurfacing
Sump pump equipment
Trellises
Ventilation systems, garage
Walkways, wood, brick, tile, etc.

www.dre.ca.gov/pdf_docs/re25.pdf

HOA Common Area Components

Townhouse and Condo Community HOA Homeowner Association expresses come from things that are considered common area products.Major Common Area Components Usually Included
Awnings and other overhead coverings .www.dre.ca.gov/pdf_docs/re25.pdf
Balconies or decks
Benches
Boilers
Decks, pool and spa
Decks, residential
Elevator, cab
Elevator, hydraulic, traction, etc.
Equipment, cleaning and maintenance
Equipment, communication and telephone
Equipment, entertainment, music/video systems
Equipment, exercise, recreational, etc.
Equipment, office
Equipment, pool, pumps, motors and filters
Fences, chain link, wood, etc.
Floor covering, carpet, tile, vinyl, etc.
Floor covering, wood replacement and refinishing
Furnishings, lobby, clubhouse, etc.
Gates, iron, wood, etc.
HVAC, air conditioning
HVAC, heating systems
Light fixtures, exterior
Light fixtures, interior
Paint and stain, exterior
Paint and stain, interior common area
Paving
Retaining wall
Roof
Siding and trim
Solar heating system, pool and spa
Solar heating system, residential
Spas
Streets and drives
Swimming pools
Tennis courts, resurfacing
Vehicles
Water heaters

Homeowner HOA Guidelines

State of California Department of Real Estate HOA Guidelines for budgets. GUIDELINES for Homeowner Association Budgets.California’s Common Interest Development Act requires that associations prepare and distribute financial information, including a plan for funding future replacement of major components (roofs, exterior paint, and so on). Reserve Study Guidelines for Homeowners Association Budgets has been developed to assist boards of directors of California common interest developments (CIDs) to better understand the preparation of the reserve study portion of the associations annual pro forma operating budget, as this document is defined in California Civil Code Section 1365, and to assist buyers in understanding the financial implications of an associations replacement reserve funding.
www.dre.ca.gov/pdf_docs/re25.pdf

The term reserves as used in this context refers to the funds set aside to cover these replacement costs. The board of directors must make decisions about the funding goals of the association. These guidelines should enable readers to answer the following questions
How do reserves fit into the overall financial plan?
▪ What are the steps in doing a reserve study?
▪ What are the steps in conducting a Physical Analysis of common area major components?
▪ What is involved in developing a Funding Analysis?
▪ How do boards hire qualified professionals to perform reserve studies?
▪ What are the red flags that signal potential problems?

1. Reserve Accounts means moneys that the associations board of directors has identified for use to defray the future repair or replacement of, or additions to,those major components which the association is obligated to maintain.


2. Reserve Account Requirements means the estimated funds which the association’s board of directors has determined are required to be available at a specified point in time to repair, replace, or restore those major components which the association is obligated to maintain.

It is important that association members understand the difference between operations and replacement reserve activities. Boards should establish policy to distinguish between reserve expenses (funded from the replacement reserve account)and operating expenses (funded through the non-reserve operating budget). The California Civil Code,requires that a Physical Analysis be conducted at least every three years


The HOA associations CC&Rs and condominium plans generally describe the common areas of the development and so can help to provide a list of components. Most CC&Rs describe what is a part of each unit and what is outside the unit. In a true condominium, the unit owned by the individual homeowner consists only of the air space within the common walls, although owners are generally responsible for the paint and non-structural fixtures inside, and are generally also responsible for external doors, door hardware, windows, patios, balconies, and similar items (see Civil Code Sections 1351 and 1634).

However, in planned developments (PDs), the owners are usually responsible for some portion of the maintenance on the exterior and structure of their individual units as well. The CC&Rs usually specify the division between individual and association responsibility.
Reported Each Year = Computation of Major Component and Liability Insurance by Year.
1366 of the Civil Code , provides association boards with the power to increase the regular annual assessment each year 20%.Without membership approval.

There are a number of ways to select an inflation rate for estimating component costs in future years.Four reliable sources of information for inflation factors in California are the following
▪ the Federal Bureau of Labor Statistics
▪ published information from construction cost estimating companies such as R.S. Means
Company, Inc.
▪ the State Allocation Board
▪ Marshall & Swift
Any of these four sources will provide a reasonable estimate that can be used to project future costs.The interest rate assumption is an important board policy decision, and should be explicitly disclosed.This information is available free of charge through the Bureau of Labor Statistics’ 24-hour hotlines.

HOA Homeowner Privacy

HOA California states homeowner association statutes CC&R those can typically be found under the property or real property sections.

The Office of Privacy Protection-policies and practices that protect individual privacy rights. www.oispp.ca.gov/consumer_privacy/default.asp

California is the first state to have an agency dedicated to promoting and protecting the privacy rights of consumers. Now located in the California Office of Information Security and Privacy Protection, the Office of Privacy Protection was created by legislation in 2000 and opened in 2001. Its mission is to identify consumer problems in the privacy area and encourage the development of fair information practices.

Homeowners Associations HOA

Real Estate Issues,Communities.Homeowners Association HOA Townhouse Condos,property of homeowners in association laws and by laws.HOA rules and more for Southern California .For Real Estate problems and issues in and along Los Angeles, Ventura, and Orange Counties. Homeowners Associations and Condominium Issues.
Sharing living space with neighbors is often a trying experience. We not only help resolve disputes, we work to structure HOA documents so that disputes are less frequent and everyone can spend more time enjoying their home and less time mending fences.
We also work with many contractors involved in disputes with HOAs regarding alleged construction defects, payments, code compliance, and many other issues.
Our services for HOAs, Homeowners, and Contractors include:
Drafting and revision of Association Agreements.
Guidance on Code Compliance.
Assistance with HOA Board Issues such as Home Alteration Design Review, Problems with Owners, and Record Access Disputes.
Common Area dispute advice.
Construction Defect litigation.
Mold Issues advice.

Simkin and Associates
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Malibu Beach Online Comments

These are Malibu Beach Rentals views and comment moderation to post replies and comments targeted to Malibu Beach CA 90265 post titles.

June 8
Question. House lease Rentals 30 or 60 day notice.
Comment. fortmyerspropertymanagement.com ft. myers rental management said...
Ideal Lease Agreements- Must have a business relationship with the leading Landlord/Tenant dispute attorney in the State of there in; all lease agreements muste be custom, attorney prepared leases by on their repespective office.These leases help protect clients from frivolous lawsuits, help insure more favorable collection judgments. Also, should you need to evict a tenant; clients must receive reduced attorneys fees due to business relationship with his office

House lease Rentals 30 or 60 day notice

House lease Rentals 30 or 60 day notice. 60-day notice requirement can be tricky
by Martin Eichner
Question by Agent.I am a real estate agent who also conducts a rental property management business. One of my owners has instructed me to accept tenants for his rental property only if they sign a one-year lease.
Our lease form contains a clause stating that each party must give the other a 30-day notice if the lease is not going to be renewed. However, I know that state law requires a 60-day notice if a landlord is terminating a tenancy that has lasted a year or longer. If a tenant has been on a lease for a year and their lease is not going to won't be renewed, do I have to serve a 60-day notice as required by this new law?
Answer: You have correctly pointed out that California Civil Code Section 1946.1„© now requires a landlord to give a 60-day termination of tenancy notice to a tenant who has lived in the property for a year or more. But this statute specifically applies only to month-to-month tenants. Likewise, month-to-month tenants who have lived in a property for less than a year are entitled to a 30-day termination of tenancy notice. The tricky aspect for you is that if you give permission to a tenant to continue in the property even one day after the one-year lease expires, that tenant becomes a month-to-month tenant automatically and would then be entitled to the 60-day notice required by Section 1946.1. To protect your exclusion from this rule, you should be careful to give the 30-day notice required by the lease at least 30 or more days before the lease expiration date. If the tenant fails to voluntarily vacate, promptly take steps to evict the moment the lease expires. If you want to maintain your relationship with a tenant, you might consider contacting the tenant in advance of before the 30-day notice period. You could explain the policy requiring a one-year lease and explore whether there is a mutually agreeable basis for continuing the rental relationship.
Also see. Early Tenancy Termination
Easy Notice to Terminate Tenancy Absolutely Free-Print-Sign & Send
www.RocketLawyer.com/Tenancy-Form
Real Estate Lawyers
35 Years Experience. Residential, Commercial. Call (818) 703-8985
www.GainesLawFirm.com
Real Estate Lawyers
HOA, Landlord-Tenant, Loans, etc! Call Us Now! 310-788-9089
www.RealPropLaw.com
www.housing.org Eichner is director of Housing Counseling Programs for the Sunnyvale, Calif.-based mediation service.

Beaches

CA90265 Beaches. Malibu 90265 Beaches Little Dume Beach, Point Dume State Beach, Westward Beach , Robert H. Meyer Memorial State Beach Zuma Beach County Park, Los Angeles County Malibu Zuma Beach , Morning View Drive Guernsey Drive Pirates Cove nude beach
Trancas Beach Broad Beach Coastal Access, left of photo, Malibu El Matador, Robert H. Meyer Memorial State Beach La Piedra, Robert H. Meyer Memorial State Beach Zero's San Nicolas Beach Malibu, El Sol County Beach La Chuza Beach Leo Carillo State Park Beach Thornhill Broome Beach.
Malibu City website lists these as the official beaches and names: With 21 miles of coastline
Malibu has many beautiful beaches. In addition to public access ways on many of the private beaches, there are several popular public beaches

Bank Owned Homes

Purchase a Home in Bankruptcy. It is Possible to Buy a Home after Bankruptcy.Real Estate Bank Owned Homes in Bankruptcy for Sale these are Foreclosed Homes for Sale at government auction. View bank owned house auctions nationwide listings to national bank owned homes across the USA.