Before bringing or defending an enforcement action filed in court involving an HOA, ask, does your state first require ADR or that a request for ADR be made?
3/12/19
By: Michael Shepherd As courts across the country become more congested, many courts now order the parties to participate in some form of alternative dispute resolution, such as mediation or non-binding arbitration. When it comes to Homeowners Associations, many state legislatures have taken the affirmative step of requiring HOAs or owners bringing an enforcement action…
California Homeowners’ Associations Must Allow Politicking: SB 407 is Now Law
11/22/17
By: Jeffrey R. Cluett On September 11, 2017, California Governor Edmund G. (“Jerry”) Brown, Jr. signed into law Senate Bill No. 407, which passed the California Senate and the California Assembly unanimously. SB 407 has been codified as California Civil Code Section 4515. Prior Protections California Civil Code Section 5105(a)(2) requires an association to ensure…