Does the new Balcony Inspection Law apply to your Community?

Mar 04, 2020
As of January 1, 2020, new California law imposes very specific inspections, reports and repairs for certain elevated exterior structures (balconies, walkways, etc.), that are maintenance, repair and replacement responsibility of California community associations. 
The required inspections, reports and repairs will be onerous and very expensive. As such, A CRITICAL FIRST STEP is to determine if your association is required to do them.

The new law applies only to association maintained “Exterior Elevated Elements” as that phrase is VERY specifically defined in the new law.  

If your balconies, elevated walkways or other elevated structures are not structurally wood,  if they are supported by pillars or posts, or if portions of them are surrounded by parts of the building structure, they may fall outside of the “Exterior Elevated Element” definitions.  If structures to not fall within that definition, they are not implicated by...
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SERIOUS Election Rule Misunderstandings!

Mar 04, 2020
The California requirements for Community Association elections have recently changed significantly. The new laws require that all California community associations adopt new or revised election rules.

Unfortunately, recent industry publications appear to have caused some confusion and misunderstanding about the new requirements.  Let’s clear the big one’s up right now:
  • The new law DOES NOT require that an association to amend it’s CC&Rs or Bylaws.  (This may be something your community would like to do, but it is not required). 
  • The new law DOES require that all California community associations restate or amend their election rules.  However, this DOES NOT require membership balloting or approval (although there are other much less burdensome logistics required).  
  • It is true that there are potential adverse ramifications if your association did not amend or restate its election rules on or before January 1,...
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