Selling homes in phases? Consider structuring your next subdivision map to include multiple road lots.  Asphalt streets are definitely one of the most expensive items that HOA's maintain.  Breaking the road lot into multiple lots to match your sales plan can save thousands. Think of it this way; if you have all of the streets in one lot, it can "front load" the HOA dues program, causing assessm...

When an HOA is created, the dues start in any phase when the first lot or unit is sold. For planning purposes, it’s important to note that the DRE Regulations allow for HOA assessments to be waived for HOA-maintained improvements that are not complete. Regulation 2792.16c, in a nutshell, stipulates that any assessments for common area which has not been completed can be deferred - in other words, ...

Does your HOA common area need to be rejuvenated, but your bank account doesn't allow for much more than a new paint job?  Well, the good news is that most banks consider HOAs good investments.  Obtaining credit from a reputable agency is often much more palatable than special assessments and may be easy to obtain!  We have worked with several HOAs who have used lending to cover their financial ne...

A well-run Homeowners Association (HOA) can lead to an increase in property value and heightened satisfaction from owners and can considerably enhance your home ownership experience. A recent survey from The Community Associations Institute reported 84% of HOA members stated their governing board continually acted in the best interest of their community, and that 85% of HOA residents shared the sa...

Here’s the scenario: you’re creating a 50-lot gated community where the monthly dues will be $100 per lot. Here’s the problem: Once you begin selling homes, the HOA will begin collecting dues on all unsold lots. You can pay monthly dues on all 50 lots until they’re all sold and eat into your profits or you can phase the project into smaller “marketing phases” during which you only pay dues on u...

Making headlines this month was the story of an HOA being successfully sued for $20-Million Dollars because of a faulty swing set. The Nevada court jury agreed that the playground equipment was improperly maintained and not inspected regularly.  When the swing set finally broke, it caused a serious head injury to one of the tenant’s children. This case highlights the importance of regular maint...

Although the State of California Business and Professions Code 11010.4 releases developers from the Public Report requirements if all criteria are met, a Public Report is still considered a necessity by some. According to the B&P, a public report is not required when: Purchase money is deposited with escrow and proper releases and obtained; The development is not a common interest d...

A vote in November could provide a major change for the current California rent control laws and the housing crisis. Although the specifics aren’t completely clear, one thing is certain: big changes are headed our way. The ballot initiative aims to repeal the Costa-Hawkins Rental Housing Act which places limits on rent control and prohibits “vacancy control.”  (For more info on Costa-Hawking cl...

When you need to get somewhere fast... use the Hennessy Venom F5.  When you need to amend a public report fast... use the 635A. Public Reports must be received and read by every prospective buyer before entering into a contract to purchase. It is always in your best interest to have an expert consultant in your corner, making sure you have the proper documents required to move forward with your...

When a common-interest subdivision includes common facilities or services that are provided to a limited number of lots or units as a special benefit available to some purchasers but not all, a Cost Center should be created. It would be unreasonable to collect assessments from all members of the HOA if only a limited number of lots/units are benefitting. Thus, the creation of the “Cost Center,”...