THE SELF-MANAGED HOA
C
alifornia’s common interest developments are subject to a minefield of regulations and oversight. HOA boards navigate federal statutes from solar panels to fair debt collection and must conform to California State Statutes for common interest developments, the California corporations code, and their county and local statutes. No wonder, common interest developments are considered the full employment act for attorneys! Against this backdrop, add the significant changes to California HOA election law (SB 323) and the COVID pandemic, and it is a wonder that HOA business gets done at all. HOA board members are volunteers and for the most part, serve their communities with good intent, unselfish motivation, and a desire to see their communities thrive. The COVID pandemic has upended the “typical” activities of community associations. Common area amenities have closed, or are subject to state and county guidelines that are confusing, change often and are hard to oversee. Board and committee meetings have been moved online and social events canceled. Board and committee members face changes in their employment status, are challenged by working from home, and are concerned about their children’s education. Amidst this uncertainly and confusion, HOA thought leaders and board members are asking, “how do we govern our associations?” “What is the best format for our governance activities?” “What will the law allow us to do?” “How do we comply with state law, COVID guidelines, and stay at home orders?” Leadership from state governments and emergency orders can help. Florida issued Emergency Order 2020-04 on March 27, 2020, expanding emergency powers for HOAs during the pandemic. On July 31, 2020 the California Law Revision Commission published Memorandum 18
September/October 2020 | ECHO journal
The Future of Virtu 2020-35 suggesting some “Emergency Related Reforms” for common interest developments that would relax regulations for teleconference board meetings by adding a new article (Article 11) to §4800, Association Governance. Until such time that the Governor signs an emergency order or the legislature passes the suggested language, HOAs are on their own to come up with defensible standards of practice for board meetings so that they can continue their association’s business and governance
