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	<title>HOA Alliance &#8211; HOA ALLIANCE</title>
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	<title>HOA Alliance &#8211; HOA ALLIANCE</title>
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	<item>
		<title>The 2023 Georgia and Dekalb @hoabootcamp presented by @cadencebank was a huge success.</title>
		<link>https://www.hoaalliance.org/the-2023-georgia-and-dekalb-hoabootcamp-presented-by-cadencebank-was-a-huge-success/</link>
					<comments>https://www.hoaalliance.org/the-2023-georgia-and-dekalb-hoabootcamp-presented-by-cadencebank-was-a-huge-success/#respond</comments>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 23 Nov 2023 14:37:22 +0000</pubDate>
				<category><![CDATA[HOA Video Library]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=329158</guid>

					<description><![CDATA[Thanks to @commissionerlarryjohnson Commissioner @meredadjohnson for hosting and to @sheriffmelodymaddox and Commissioner Charles Rousseau from Fayette County. Special thanks goes out to all the homeowners, board members, and vendors for coming out to share resources. #mycommunitymatters #hoaalliance #hoabootcamp #covenantcommunity #shorttermrental #ShortTermRentals #Squatters]]></description>
		
					<wfw:commentRss>https://www.hoaalliance.org/the-2023-georgia-and-dekalb-hoabootcamp-presented-by-cadencebank-was-a-huge-success/feed/</wfw:commentRss>
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		<item>
		<title>When Community Associations Prey on Homeowners: Unjust Foreclosures and the Fight for Fair Notice</title>
		<link>https://www.hoaalliance.org/when-community-associations-prey-on-homeowners-unjust-foreclosures-and-the-fight-for-fair-notice/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Mon, 26 Jun 2023 16:20:28 +0000</pubDate>
				<category><![CDATA[Community Partners]]></category>
		<category><![CDATA[HOA Learning Library]]></category>
		<category><![CDATA[Homeowners]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=325437</guid>

					<description><![CDATA[Written by Corro&#8217;ll Driskell I want to discuss that many states, including Georgia, have laws allowing Community Associations to legally steal homeowners&#8217; homes without adequately notifying the homeowners. I will reference HOAs, but this applies to all forms of community associations (POA, CA, ..etc.) The critical fact is that many instances involve petty board members. Homeowners&#8217; Associations (HOAs) manage and maintain common areas, enforce standards, and collect dues, to name a few, within a residential community. While they can provide numerous benefits, such as preserving property values and ensuring a pleasant living environment, there have been cases where HOAs are accused of using their authority unfairly or unjustly. In many cases, it is based on a personal vendetta. It is found that many HOAs use the fining process to foreclose on a member&#8217;s home. One example is when an HOA forecloses on a property without notifying the homeowner. These situations can arise due to unpaid HOA fees, fines, or assessments. HOAs have the legal authority in many states to place a lien on a property if a homeowner fails to pay these dues. If the debt remains unresolved, the HOA can initiate foreclosure proceedings to recover the unpaid amount. However, it&#8217;s important to note that laws and regulations are in place to protect homeowners from unjust practices by HOAs, excluding Georgia. For many years the HOA Alliance has attempted to rally homeowners to push public policies that protect the rights of community association members. For instance, I recommend the following: Notice requirements: In many states, HOAs must provide homeowners with written notice of the debt and a period when the homeowner can pay the outstanding amount to avoid foreclosure. The notification must be sent via certified mail or delivered to ensure the homeowner knows the situation. Right to dispute: Homeowners can dispute charges or assessments levied by the HOA. This may include attending board meetings, requesting an appointment with an HOA board to discuss the issue, or formally appealing the decision in writing. Fair debt collection practices: HOAs are subject to the Fair Debt Collection Practices Act (FDCPA), which protects consumers from abusive and unfair debt collection practices. This means that HOAs are prohibited from using harassing, deceptive, or threatening tactics when attempting to collect unpaid dues. Judicial oversight: In some states, excluding Georgia, the foreclosure process requires judicial involvement. Before granting a foreclosure order, a judge must review the case and determine whether the HOA has followed all necessary legal procedures. Redemption period: Many states have a redemption period following a foreclosure sale, during which the homeowner can reclaim their property by paying the outstanding debt, plus any fees and interest accrued. Despite these protections, there have been cases where homeowners have lost their homes to HOA foreclosures without proper notice or due process. In such instances, affected homeowners must consult with an attorney experienced in HOA law to evaluate their options and protect their rights. To prevent such situations, homeowners should stay informed about their HOA&#8217;s rules and regulations, attend board meetings and read community association minutes, requesting an appointment with the HOA Board to discuss and promptly address disputes or outstanding debts with the association. Ref: https://hoafyi.news/womanhomestolenbyHOA Shared from Georgia HOA Alliance]]></description>
		
		
		
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		<title>Empowering Communities: Fortifying Oversight and Safeguarding the Rights of Association Members</title>
		<link>https://www.hoaalliance.org/empowering-communities-fortifying-oversight-and-safeguarding-the-rights-of-association-members/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 08 Jun 2023 13:41:11 +0000</pubDate>
				<category><![CDATA[Georgia HOA]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<category><![CDATA[Homeowners]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=324972</guid>

					<description><![CDATA[Written By Georgia HOA Alliance As the laws that govern community associations in Georgia and other states continue to evolve, it is vital to ensure that these laws provide adequate oversight and protection for community association members. One way to do this would be to require mandatory training for community association board officers and members. This training would cover the association&#8217;s governing documents, financial management, and dispute resolution. It also helps to ensure that board members are aware of their legal obligations and the rights of association members. Besides mandatory training, it would also be beneficial to establish a system of oversight for community associations. Federal, state, local government, or a combination of all government agencies, could create and oversee this system. This oversight would ensure that community associations comply with the laws and that they are not abusing their power, amongst other things. By requiring mandatory training for board members and establishing a system of oversight, we can ensure that community associations are governed fairly and transparently. This will protect association members&#8217; rights and help build trust between members and their boards. To answer your question, yes, this proposal would include broad oversight and enforcement. The goal would be to standardize governing board behavior and hold them accountable for their actions. This could be done by creating standards for board conduct, establishing a process for investigating complaints, and imposing sanctions for law violations and the association&#8217;s governing documents. The proposed oversight system would be like the ACCG and GMA of Georgia, but it would have more teeth. The ACCG and GMA are voluntary organizations that provide training and resources to county commissioners and city council, respectively. However, they need the authority to enforce compliance with the laws and community governing documents. The proposed oversight system would be mandatory, and a government agency would implement it. This proposal would be beneficial for both community associations and their members. It would help to ensure that community associations are governed fairly and transparently, and it would protect the rights of association members. Shared from Georgia HOA Alliance]]></description>
		
		
		
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		<title>HOA Homefront: Why no billing statements? Board changes the collection rules</title>
		<link>https://www.hoaalliance.org/hoa-homefront-why-no-billing-statements-board-changes-the-collection-rules/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 08 Jun 2023 13:40:43 +0000</pubDate>
				<category><![CDATA[Homeowners]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=324969</guid>

					<description><![CDATA[Written by Kelly G. Richardson Q: We recently bought a unit in a small development that does not send out monthly statements. I find this rather strange as they sent me a letter saying that my monthly dues are due by the first of the month. How am I supposed to know if they received my payment (sent by check) and that I do not incur any unknown assessments or late fees? I receive monthly statements for just about anything I have an account with. Is there a law or ruling that requires HOA management companies to provide a monthly statement to the homeowners? — M.F., Solvang Q: I just learned from the manager on behalf of the HOA that monthly fee/dues statements are a courtesy. In other words, I am responsible to pay without a bill?? Is this true?? — J.K., Anaheim A: An HOA is not required by law to send out monthly invoices stating the amount and due date of regular assessments. Many management companies make this a customer service practice, but it is not required. The law provides homeowners with some important information and protection regarding their payment of assessments. Civil Code Section 5615 requires owners to be individually notified (by mail unless the homeowner has opted otherwise) at least 30 but not more than 60 days prior to the increased assessment becoming due. So, you will always know the due date of any changed assessment well in advance. The address for overnight payment of assessments must be disclosed in the HOA’s Annual Policy Statement, per Civil Code Section 5655, which also requires HOAs to provide a receipt of payment if the owner requests it. The due date of assessments is typically the first of the month but should be disclosed in the HOA’s Annual Policy Statement, which per Civil Code Section 5310(a)(7) requires HOAs to publish a written statement of assessment delinquency policies and practices. Civil Code Section 5650(b) says that unless the CC&#038;Rs allow a longer time, they are delinquent 15 days after becoming due. Q: Can HOAs unilaterally make a change to billings and collection policy relating to when payments are due, as it can have a material effect on an individual member’s finances/cash flow and is not what was agreed to when joining the association? To me the action is no different than if your mortgage or auto lender wanted to accelerate your payments. Granted, there’s language in those agreements that prohibit it. — J.B., San Clemente A: The HOA board establishes and revises the HOA’s assessment delinquency policies and practices, which are required to be disclosed annually as part of the association’s Annual Policy Statement. However, revising this document is not necessarily an operating rule change requiring the two-step, 28-day notice procedure of Civil Code Sections 4360 and 4365. Civil Code 4355(a)(4) requires boards to use the two-step, 28-day process for changes in the standards of assessment repayment plans the HOA accepts. Otherwise, the board can change those policies and procedures in any open board meeting, after announcing the subject on a posted agenda. Please note: The only official Davis-Stirling Act website is www.leginfo.legislature.ca.gov . All other websites are typically hosted by law firms or other interested organizations. Kelly G. Richardson is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to Kelly@roattorneys.com. Shared from OC Register]]></description>
		
		
		
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		<title>HOA Homefront: My HOA suspended me; must I pay assessments?</title>
		<link>https://www.hoaalliance.org/hoa-homefront-my-hoa-suspended-me-must-i-pay-assessments/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Fri, 19 May 2023 17:11:45 +0000</pubDate>
				<category><![CDATA[Homeowners]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=324790</guid>

					<description><![CDATA[Written by Kelly G. Richardson Q: When is it legal not to pay HOA dues/fees because an HOA is not fulfilling its duties? I’ve had emergency leaks and made calls and sent emails that they never returned. I have had animal control issues that they do not attend to unless I go into the office. I have proof of emails sent. — V.B., Chula Vista A: I am sorry your HOA is not responding to your concerns. It is possible that a homeowner could have financial claims against their HOA due to problems such as unrepaired issues. However, homeowners may not use offsetting claims against their HOA as an excuse to not pay assessments. This issue was resolved in the 1994 case of Park Place Estates v. Naber, in which Mr. Naber had some complaints about repair work completed by the HOA. He argued that his offsetting monetary claims against the HOA allowed him to withhold his assessment payments, but the appellate court said that the trial court was correct in not allowing Naber to use alleged HOA errors to justify his nonpayment of assessments. You may or may not have legitimate claims against your HOA, but you still must pay your assessments regardless of any monetary claim you might pursue against the HOA. Q: Our HOA was suspended by the Secretary of State and Franchise Tax Board. The HOA continues to ask me for their dues, but I have been told that I do not need to pay them since they are suspended and no longer viable. The treasurer who is asking me for the dues is not the treasurer on file with the Secretary of State and no change in treasurer was ever filed. Also, the HOA has collected dues for each year since from all homeowners. Is this legal? — S.H., Grass Valley. A: Incorporated associations must file state tax returns annually with the Franchise Tax Board and at least every other year file SI-100 and SI-CID forms with the Secretary of State. Associations failing to do so will eventually find out that their corporate status has been suspended. The state refuses to recognize the existence of a corporation during the suspension. A huge consequence is that courts will not allow suspended corporations to file, maintain or defend lawsuits, so the HOA could find its lawsuit dismissed or a default entered against it as a defendant. Another problem is that while suspended the name used by the corporation is not recognized by the state as in use, so anyone can reserve the name and use it for a different corporation. A final consequence is that if the HOA was suspended due to failure to file tax returns, Revenue and Taxation Code Section 23304.1(a) says that during the HOA’s suspension due to not filing tax returns any contracts with the HOA can be canceled by the other party — but cannot be canceled by the HOA. In spite of all that, your HOA CC&#038;Rs still require payment for assessments, and owners should not withhold assessment payments. Don’t risk incurring liens and collection fees. To read the Davis-Stirling Common Interest Development Act, go to leginfo.legislature.ca.gov . Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP. Submit column questions to Kelly@roattorneys.com . Shared from OC Register]]></description>
		
		
		
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		<title>How Much Should I Plan to Spend on a New Water Heater?</title>
		<link>https://www.hoaalliance.org/how-much-should-i-plan-to-spend-on-a-new-water-heater/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Fri, 19 May 2023 16:35:29 +0000</pubDate>
				<category><![CDATA[Homeowners]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=324782</guid>

					<description><![CDATA[Written by Better Homes &#038; Gardens The cost of a water heater varies significantly based on the type you choose—and how well it works over time. Here’s what you need to know to make a plan. A water heater is an important appliance that is just as essential as your stove or refrigerator. If you’ve never gone a cold winter’s day without hot water, trust me, now isn’t the season to start. When your water heater is on the fritz, you’ll be eager to install a new one, so make sure you’ve budgeted appropriately for a speedy repair. According to HomeAdvisor, the typical price range is $822-$1,611 to install a new hot water heater. Depending on where you live and the tank you choose, the final price tag could be very different. Determine if your current water heater is outdated. If your current water heater is more than 10 years old but still kicking, you should start saving up for a replacement. The typical lifespan of a tank water heater is eight to 12 years, while a tankless heater usually lasts 15 to 18 years. When it starts to be unreliable or finicky, it’s likely on its last leg. How will you know when it’s time to replace your water heater? You’ll notice that the water doesn’t get nearly as hot or the water pressure is odd. Some people notice a change in the smell or color of hot water in their tap. These are all signs that the appliance is nearing the end of its life expectancy. Of course, you could call a contractor out to do a repair. Maybe the tank needs to be cleaned or you need a new thermostat. But if the heater is already well beyond its reliable years, most people find that it is cheaper to replace the heater rather than repair it. Find the right contractor. Ask neighbors to recommend a reputable and reliable plumber or HVAC technician. Search online for a contractor in your zip code. Reach out to the available vendors and share a photo of the label on the outside of your heater. The pros will be able to do some research before they even drop by your home; they’ll likely know if parts for your appliance have been discontinued or difficult to find. And they usually know if there’s been a recall or trends with faulty brands or models. This could be the easiest way to estimate costs and be prepared when the technician arrives. Remember that your hot water heater could be faulty for a number of reasons: the water source, the appliance itself, or a plumbing issue behind the walls. If you’re seeing leaks or dripping around the shower or sinks, know that the problem might require more than one kind of fix. You might need both a plumber and an HVAC tech. For that, again, disclose all the issues that you’ve been experiencing and take recommendations. It’s easy to check customer reviews on sites like Yelp and Better Business Bureau, so don’t skip this step if you want to get feedback from people outside your circle. Here are some basic questions to ask if you’re choosing between contractors: How long have you been in business? How long has the person installing my heater been working there? Is your company licensed, bonded, and insured? What are your operational hours? If something goes wrong overnight or on weekends, is there an emergency line? For my space, is there a more energy efficient tank available to replace this one? Will you dispose of the old heater? Will I have to pay extra for that? Would it be easier/ cheaper if you told me the model to purchase and I bought it myself and had it here for you to install? Are there any other parts or supplies I would have to buy? Ask for a quote in writing to replace or repair the heater, separate from the cost of the new heater itself. Decide if you’re going tankless. When you inquire about water heater costs for a new unit, you must also factor in the long-term costs of energy. It is likely that the contractor will give you the option between a tank and a tankless water heater, so it is important to know the difference. A tank water heater comes with a container that stores a limited volume of heated water, generally 30-120 gallons. Even when you’re not in the shower, the water is being heated and held in the tank until you need it. Most Americans use a tank water heater because it costs less, but these models may also drive up your energy bills. On the other hand, the technology behind the tankless models allows for an endless supply of hot water. The U.S. Department of Energy website explains that “tankless water heaters, also known as demand-type or instantaneous water heaters, provide hot water only as it is needed… When a hot water faucet is turned on, cold water flows through a heat exchanger in the unit, and either a natural gas burner or an electric element heats the water. As a result, tankless water heaters deliver a constant supply of hot water.” This is ideal for big families and multi-unit residences. For those living on solar, there are also two active solar water heating systems that might work well in your home. The cost of initial installation tends to be significantly higher than costs associated with a conventional tank heater but, over time, years of low energy bills make up the difference. How to Save Money on This Big-Ticket Repair There are three simple ways to get ahead of a costly and untimely bill. Identify minor problems early and don’t put them off. Take note of signs of disintegration on the bottom of the tank, especially any leaking or rusting. Have a professional service on speed dial. Perhaps the company that originally serviced or installed the appliance is still in business. Keep their number handy and remind them that the failing device was one they installed. After hours]]></description>
		
		
		
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		<title>Smoothly Transition Your Community Association: A Comprehensive Checklist for Members</title>
		<link>https://www.hoaalliance.org/smoothly-transition-your-community-association-a-comprehensive-checklist-for-members-2/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 11 May 2023 20:31:03 +0000</pubDate>
				<category><![CDATA[Georgia HOA]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<category><![CDATA[Homeowners]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=324764</guid>

					<description><![CDATA[Written By Georgia HOA Alliance The following serves as a transition checklist of items the homeowner&#8217;s community association Board of Directors need to determine the existence and location of all relevant artifacts while transitioning from the existing management company of an Association to the Board of Directors or other management companies. This list is not exhaustive but serves as a checklist to assist community associations with a final transition. Note: In some cases, the management company has been the ONLY custodian of a community association&#8217;s books and records; there is an expectation that the management company would have all requested documents dating back to the inception of the Association. Verifying the state law requirements for maintaining community association records is essential. Community associations, such as homeowners associations (HOAs), may eventually transition from the management of a developer to a homeowners&#8217; elected Board of Directors or another management company. When this transition occurs, it is essential to ensure that all critical documents and information are correctly transferred and all relevant details are accounted for. A Community Transition Checklist serves as a guide to assist the Board of Directors to determine the existence and location of essential items during this transitional period. Below are some details that should be included in a Community Transition Checklist. I. Introduction The introduction section of the checklist should provide some context for the document, explaining its purpose and scope. This section should emphasize the importance of a thorough transition process to ensure clarity and a smooth handover of responsibilities. II. Governing Documents The governing documents section of the checklist should include a list of the critical documents that the Board of Directors will need to obtain to manage the community effectively. These documents may include the following: -Articles of Incorporation -Declaration of Covenants, Conditions, and Restrictions (CC&#038;Rs) -Bylaws -Rules and Regulations -Amendments to the CC&#038;Rs, Bylaws, and Rules and Regulations -Meeting minutes -Voting records -Financial statements -Insurance policies -Tax returns The Board of Directors should review these documents carefully to ensure they are up-to-date and make any necessary updates or changes promptly. III. Financial Information The financial information section of the checklist should include a list of financial documents and information that the Board of Directors should review carefully, such as: -Budgets (past and present) -Audited financial statements -Reserve study and schedule -Delinquency reports -Payment records (accounts payable and accounts receivable) -Bank statements -Tax returns -Investment policies and strategies The Board of Directors should ensure that all financial information is accurate and up-to-date and that any necessary monetary policies or procedures are implemented to manage the community&#8217;s finances effectively. IV. Insurance Information The insurance information section of the checklist should include a list of insurance policies that the Board of Directors should review, such as: -Property insurance (including common areas and individual units) -Liability insurance -Director and officer (D&#038;O) insurance -Workers&#8217; compensation insurance -Fidelity bond insurance The Board of Directors should ensure that all insurance policies are up-to-date and provide adequate coverage for the community. They should also review any claims history to identify potential risks or issues that need addressing. V. Physical Assets The physical assets section of the checklist should include a list of community assets and their maintenance and repair schedules, such as: -Standard area amenities (pools, playgrounds, parks, and others.) -Landscaping and irrigation systems -Parking lots and roadways -Roofing and exterior building materials -HVAC systems -Elevators and other mechanical systems The Board of Directors should ensure that all physical assets are well-maintained and in good working order. They should review maintenance or repair schedules to identify any issues or necessary repairs. VI. Communication and Administration The communication and administration section of the checklist should include a list of communication and administrative items that the Board of Directors should review, such as: -Contact information for residents, vendors, and service providers -Meeting minutes and agendas -Board member and committee member information -Community policies and procedures -Community newsletter or website The Board of Directors should ensure that all communication and administrative systems function correctly and that any necessary updates or changes are made promptly. VII. Conclusion, The conclusion section of the checklist should summarize the essential items covered in the document and emphasize the importance of conducting a thorough transition process. A new homeowners&#8217; Board of Directors is disadvantaged without proper training and continuing education. Get some! I. Introduction Explanation of the purpose of the checklist Note about Management Companies being the only custodian of the Association&#8217;s books and records II. General/Operational Items List of items needed to be determined by the Board of Directors The expectation of the Management company having all requested documents dating back to the inception of the Association Sub-list of required items: All association books or records held by or controlled by the John Wieland and NMA An accounting of association funds and financial statements All Past/Current association insurance policies Complete Past/Current roster of homeowners and their addresses Any contracts Past/Current in which the Association is a contracting party III. Warranty/Physical Facilities Items List of items needed to be determined by the Board of Directors Sub-list of required things: 6. Complete set of site plans and as-built drawings Written warranties of the contractors, subcontractors, suppliers, and manufacturers List of manufacturers of products and specifications used in the maintenance, repair, or replacements Copies of any bonds or letters of credit posted with any state or local agency Schedule of quantities of specific areas of the association property Confirmation of compliance with the local authorities Completion bonds, either in place or already released Traffic and safety regulatory signage Fire code compliance Designation of roadways and site lighting, both public and private IV. Conclusion Note that the checklist is not exhaustive but serves as a guide. This a reminder that the Board of Directors should ensure a final transition from a management company. Shared from Georgia HOA Alliance]]></description>
		
		
		
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		<title>HOA Homefront: My HOA is not working with me on solar</title>
		<link>https://www.hoaalliance.org/hoa-homefront-my-hoa-is-not-working-with-me-on-solar/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Mon, 24 Apr 2023 19:40:23 +0000</pubDate>
				<category><![CDATA[Homeowners]]></category>
		<category><![CDATA[HOA Alliance]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=324720</guid>

					<description><![CDATA[Written by Kelly G. Richardson Q: I have been trying to get solar panels installed on my shared roof, which is maintained by the HOA. The CCRs state that the HOA can ask for removal of solar panels for maintenance, and the HOA is trying to force me to remove the panels twice every year so that the roofing vendors can perform maintenance. This will cost me at least $2,500 for each instance. When I spoke to the roofing company they said they don’t need to have the panels removed to perform the work, but my HOA fails to budge. They’ve now had the lawyers send me an email saying that the HOA is within its rights to ask for reasonable restrictions around maintenance. Does this go against Civil Code 714? — D.I., San Jose A: The law prohibits “unreasonable” restrictions against solar installations, and if the contractor says it’s unnecessary to remove the solar panels twice a year, that expense does sound unreasonable. It’s not unusual to ask homeowners to agree to remove panels if roof repairs require it, but you are saying it is not necessary. If the HOA is forcing you to spend $2,500 twice a year, that could possibly violate Civil Code Section 714(b) by “significantly” increasing the cost of your system. The key here is whether it is truly necessary to take your panels off so frequently. Pursuing some dialogue with the HOA and sharing with them the roofer’s information hopefully will avoid unnecessary conflict on this. Q: We live in a condo and I submitted solar plans for approval to our HOA. Over two months after submitting my application, I reached out for a status update, nothing. I spoke with the solar company who said that after 45 days if I don’t hear a response the plans are considered approved. I still have not heard anything back. If I move forward with my solar installation what is the backlash I can receive from the HOA and am I in my rights to move forward because I never received a letter and they have been incredibly unresponsive over the past three months? — S.V., Morgan Hill A: Since your home is a condominium, the roof is most likely a common area. By installing solar panels on the roof, you are not just pursuing an architectural change to your property, you are seeking to change the common area. So, I don’t think the architectural approval time limit (and the automatic approval for a non-response) would apply to that proposed roof installation because you don’t own the roof. So, the legal advice from the solar company sounds like very bad advice. Just moving forward to install your system may result in litigation from the HOA. Try to engage in dialogue with your HOA. They must learn that the laws about solar installations (Civil Code 714, 714.1, and 7546) really favor solar and that the HOA could be at risk if they don’t reasonably cooperate within the boundaries of the law. The board may not be as knowledgeable as you regarding what the law requires, so share information with them. Hostility or even legal action should be the very last option – remember, these folks are still your neighbors! Best regards, Kelly Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to Kelly@roattorneys.com . Shared from OC Register]]></description>
		
		
		
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