Kriger Law Firm

JOIN US at 2021 CACM Law Seminar & Expo of Southern California, March 11-12, 2021. It is a jungle out there, so be sure to swing by our booth at B35. We look forward to seeing you and your avatar. https://cacm.org/events/2021lawseminars/

COLLECTION SERVICES These are challenging times for many people. Homeowners associations are caught between showing compassion for owners experiencing financial difficulty and taking necessary steps to collect budgeted assessments to maintain their communities. It can be incredibly hard for managers and board members to address delinquent accounts and maintain good relationships with owners. We can help. Kriger Law Firm offers assessment collection as part of our full range o...f homeowners’ association legal services. We send prelien letters, record assessment liens, and can help you through the nonjudicial foreclosure process, should it become necessary to obtain payment from an otherwise non-responsive owner. We can also assist with small claims filings and preparation for trial, superior court lawsuits and judgment collection, and the judicial foreclosure process. We can help you if a delinquent owner files for bankruptcy. Our goal is always to recover money owed to the association as efficiently and as cost-effectively possible. Our collection specialists are Rachelle Wadley and Andre Mejia. Rachelle and Andre are both long-time employees of the firm and have worked exclusively in our collection department for 26 years and 13 years, respectively. Both are extremely knowledgeable in all areas of the collection process and have years of experience communicating with delinquent owners to facilitate resolutions that bring payment to associations. Our team of attorneys is also available to respond to any questions that may arise during the process. We welcome the opportunity to work with you and look forward to assisting you in any way we can. Please feel free to reach out to us for collection services at (619) 589-8800

AB 3182 SIGNED! Expect substantial changes to your HOA’s ability to adopt or enforce rental restrictions. Governor Newsom signed AB 3182 on September 28, 2020, which will amend Civil Code Section 4740 and add a new Civil Code Section 4741 effective January 1, 2021. AB 3182 voids any restriction in an association’s governing documents that effectively prohibits or unreasonably restricts the rental of properties. In addition, AB 3182 expressly requires associations to amend th...eir existing governing documents to conform to the requirements of AB 3182 by no later than December 31, 2021. Associations that willfully violate the new law will be liable for damages and a civil penalty to any owner who might sue the association based on the association’s failure to comply with the new law. All associations should have their governing documents reviewed by legal counsel for conformance to the new law. This will be particularly important for associations with existing rental restrictions that have now been deemed void as a result of AB 3182.

AKE ACTION! HELP US STOP AB 3182 There is problematic proposed legislation, Assembly Bill 3182, that has made its way out of the California legislature to the Governor’s desk. AB 3182, if signed into law, will significantly limit the ability of homeowners associations to enact and enforce rental restrictions. It would void any restriction that requires a minimum rental term of more than 30 days, any restriction that requires an owner to occupy the property for a specified pe...riod of time before renting the property, and any restriction setting a rental cap lower than 25% of the properties. In addition, AB 3182 would require associations to amend their existing governing documents to conform to the requirements of AB 3182. We encourage you, if you haven’t already, to please call or write to Governor Newsom’s office to ask him to veto AB 3182. We might not know for sure whether this legislation will become law until mid-October (which is typically the deadline by which the Governor is required to sign or veto proposed legislation). Click here to send Governor Newsom a message of opposition to AB 3182 https://p2a.co/bTYQ2jt See more

INSURANCE MAY NOT COVER FOR COVID-19-RELATED CLAIMS ARISING FROM USE OF REOPENED COMMON AREA FACILITIES Community association managers and board members are accustomed to dealing with unrealistic expectations of residents. As common area facilities particularly swimming pools have been closed in response to public health orders and liability concerns related to COVID-19, conflicts are continuing to occur relating to whether such facilities can legally and safely be reopen...ed. There are many issues to consider, including whether an association will be able to comply with applicable orders and guidelines issued by federal, state, and local authorities. These orders and guidelines are not always uniform, and are changing frequently with developing science on risk factors for exposure to the virus. The uncertainties and conflicting points of view present an ongoing challenge to boards to balance the interests of owners, residents, and the association itself. One very important consideration is whether COVID-19-related claims will be covered by the association’s insurance. To read more click https://bit.ly/2WSiA1c See more

HOW TO RESPOND TO RECORDS REQUESTS When your association receives a records request under Civil Code Section 5200 et seq, the first thing to analyze is the time...line for inspection of the records requested. Section 5210 of the Civil Code outlines the various timeframes for delivery or inspection of the records requested, and each category of records has its own corresponding time period. Because a failure to timely and adequately respond to records requests carries a statutory penalty of up to $500 per request, the Association should work quickly to analyze its time to respond. To read more click here https://bit.ly/3hRhCvb See more

Some Animals are More Assistive than Others - HUD has recently issued new guidelines for service animals and assistance animals under the FHA, which replace HUD’s prior 2013 guidelines. The new guidelines provide more clarity regarding disability accommodation requests involving assistance animals. To read more click https://bit.ly/2XSdMbV

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SOUTHERN CALIFORNIA SUPERIOR COURTS REOPENING - Southern California superior courts are beginning the process of reopening following COVID-19 pandemic closures. The reopening process differs from county to county. Courts are now accepting new filings and certain types of motions are being heard. New and pre-closure filings are being processed. However, given backlogs and reduced staffing, considerable delays are anticipated. Courts are encouraging parties to resolve lawsuits ...and discovery disputes informally to ease backlogs. In litigation matters, written discovery is still taking place. Depositions and mediations are being held remotely. However, it appears that civil jury trials are still a long way off. For a general summary of the present status of Southern California courts serving Kriger Law Firm clients on civil matters based on a review of court-published information click on read more below. https://krigerlawfirm.com//southern-california-superior-c/ See more

Smoking Ban Not a Reasonable Accommodation - A complete ban on smoking in some situation may not be the best method to address the issue of transmission of secondhand smoke, instead associations may want to adopt CC&R provisions that empower the board to deal with these issues on a case-by-case basis, including the ability to require the residents of the offending unit to modify smoking behavior or cease smoking in the unit altogether if other alternatives have failed to resolve the problem. To read more click https://krigerlawfirm.com//smoking-ban-not-a-reasonable-a/

Considering re-opening community's facilities? Consider having a Hold Harmless Agreement. For associations that are considering reopening their pools, clubhouses, or other amenities/facilities, we strongly recommend following the county and CDC guidelines, as well as requiring residents to sign a Hold Harmless Agreement in exchange for using the association’s amenities/facilities. Click here for more info https://bit.ly/2X14V7f

Conducting Community Association Meetings During the Coronavirus Crisis As a result of the shelter-in-place order, community association boards of directors and managers are understandably concerned about how they should be responding to the coronavirus when it comes to, among other things, conducting association meetings. This article attempts to address that concern. Read more here https://krigerlawfirm.com//conducting-community-associati/