Berding|Weil
Print Newsletter
BERDING|WEIL COMMUNITY ASSOCIATION ALERT
Legal News and Comments for Community Association Boards and Managers
Issue #108 • November 2014
2015 Community Association
Legislative Update
Our annual report on new legislation already in effect in 2014 and newly effective as of January 1, 2015 focuses largely on CC&R overrides and physical changes to common area and owners' units and lots in common interest developments. These tick off like a checklist – solar panels, electric vehicle charging stations, landscaping, home produce gardens, and of course, in this serious drought year, water. One other bill is actually not too far removed from these items, and that has to do with who takes care of what in a common interest development when the CC&Rs are unhelpful. And last, one bill creates a lot of problems for associations legally and technically when it comes to how low-level dispute resolution has to be handled.
Decision Making
Outside of a Board Meeting
Community Association Video Series - Part 2
Previously, decisions by association boards could be made by email by "unanimous written consent" thus eliminating the need for an in-person board meeting. The concept was, if directors all agree on an action, there is no need to wait for a formal meeting for its implantation. The legislature changed that in the Common Interest Development Open Meeting Act.
Except for emergencies, the Act prohibits the use of unanimous written consent (including email) and opts instead for more transparency so that association members can see and hear the board's discussions on action items, even where the directors do not disagree.
PREVIOUS ISSUES
Follow Us on   
BERDING|WEIL LLP 2175 N.California Blvd., Suite 500 | Walnut Creek, CA 94596 | P 925.838.2090 | F 925.820.5592 | Contact Us