Providing City-Specific Updates and Resources to Laguna Niguel Homeowners' Associations

On July 26, 2024, California Insurance Commissioner Ricardo Lara issued a press release regarding updates to the FAIR Plan. To view the full press release, please click here.

Graffiti Removal - How to Report Graffiti on Public and Privately Owned Properties?

The proactive approach of immediate removal will help minimize incidents of graffiti. If you see graffiti on public property or on private property, including a business, please call the Orange County Sheriff's Department Non-Emergency Dispatch Number at (949) 770-6011 (phone option 1-9-1) or email AGT@cityoflagunaniguel.org. Please include a photo of the graffiti. This will provide Police Services the opportunity to conduct an investigation prior to graffiti removal. 

For private property owners who discover that their property has been vandalized and believe the vandalism should be reported to law enforcement, please do so immediately. Once the OCSD reporting process has been completed, the graffiti should be completely removed. The Municipal Code requires that property owner remove graffiti from their property within three days. (LNMC Sec. 11-8-56 (b)).

The City of Laguna Niguel has partnered with Habitat for Humanity of Orange County to provide qualified low-income Laguna Niguel residents with living conditions improvements through critical home accessibility modifications. To confirm program eligibility and begin the application process, please visit www.HabitatOC.org/accessibility-modifications-inquiry or call (714) 434-6200 ext. 233.

In Case You Missed It: Homeowner Leader Roundtable with Community Associations Institute on July 11, 2024

On July 11, 2024, the City of Laguna Niguel partnered with the Community Associations Institute (CAI) to host a Homeowner Leader Roundtable and Legislative Update at the Crown Valley Community Center. The event featured presentations from members of the CAI Orange County Chapter’s Educational Committee, including Sabrina Davoodian CMC, AMS, PCAM of Powerstone Property Management, Daniel C. Heaton, Esq. of Nordberg|DeNichilo, LLP, and David Wankel, Esq. of Iger Wankel & Bonkowski, LLP.

The presenters provided an update on current and upcoming legislation impacting community associations. At the time, urgency Bill AB 2114 was pending review by Governor Newsom but has since been signed into law. This measure immediately amended Civil Code § 5111 (otherwise known as the Balcony Bill) to add licensed civil engineers to the list of professionals eligible to conduct inspections of exterior elevated elements, helping associations timely meet their statutory maintenance and repair obligations. Currently on the Senate Floor for final vote are AB 2159 and AB 2460, which both address issues relating to elections, including authorizing associations to utilize electronic balloting.

One of the legislative measures adopted in 2023, SB 428, will go into effect on January 1, 2025. SB 428 amends Code of Civil Procedure § 527.8 to expand available protections for homeowner association representatives by authorizing the association to seek a restraining order on their behalf based on harassment, instead of requiring circumstances of violence or threats of violence. More details about SB 428 can be found in the accompanying “Bridging the Gap” article also featured in this newsletter.

One of the features of the evening was the Homeowner Leader Roundtable, which allowed all in attendance to discuss challenges faced within the industry and collaborate on potential solutions and best practices. The topics primarily focused on the tools available to community leaders to more effectively address issues and resolve conflicts within their associations, including appropriate use and limits of homeowner forums within open board meetings, and when associations should utilize established IDR/ADR procedures. The discussion highlighted the importance of educating homeowners about the appropriate forum to raise their questions or concerns and ensure that there are clear and established lines of communication for them to easily contact management or the association to request maintenance, report a violation, ask general questions, or provide feedback.

Thank you to all homeowner leaders who attended and participated in this informative evening! We look forward to continuing to provide additional educational materials on these topics in future newsletters and roundtables.

Bridging the Gap: SB428 Expands Available Protections in the “HOA Workplace”

By: Daniel C. Heaton, Esq. and Youstina N. Aziz, Esq. of Nordberg | DeNichilo, LLP

By now, most individuals in the industry are aware of newly adopted AB648 (virtual meetings) and AB1458 (lowered quorum). However, SB428 is another bill that managed to fly under the radar and will ultimately have a significant impact by providing associations a more expansive tool to protect those that serve community associations, including board members and community managers.

What Was Missing?

Code of Civil Procedure (“CCP”) § 527.8 currently allows an employer to seek a restraining order on behalf of employees who have suffered unlawful violence or a credible threat of violence in the workplace. The term “employee” is defined to include board members, as well as “a volunteer or independent contractor who performs services for the employer at the employer’s worksite.” In the context of community associations, this phrase is often interpreted broadly to include not only the board, but also managers, committee members, and some vendors that provide direct services within the community.

Read on...

Breaking News – More Help For HOAs With Balcony Inspection Requirement

By Kelly G. Richardson, Esq., CCAL

July 28, 2024 - Civil Code Section 5551 requires all HOAs to inspect “exterior elevated elements,” which are California HOA’s responsibility by December 31, 2024. That statute requires the inspection to be conducted by a licensed architect or structural engineer, and many HOAs are having difficulty finding such professionals to perform the required inspection. 

Assembly Bill 2114 helps broaden the field of experts authorized by the statute to perform these inspections by adding civil engineers to the list of authorized design professionals. The bill amends Civil Code Section 5551(b) by adding civil engineers to the list of permissible inspectors. There are over 49,000 civil engineers licensed in California, per the Bureau of Labor Statistics. The structural engineering profession is far smaller in number - the Structural Engineers Association of California has 3,500 members. The increase of available engineers now able to help HOAs with these inspections hopefully will help the thousands of HOAs who have not yet complied with the statute.

Read on...

La Paz Road Update

The Construction Phase for the La Paz Road Long-Term Phase II Project has been completed ahead of schedule! The northbound lanes on La Paz have been reconfigured to support traffic in both directions, minimizing disruptions while ensuring public safety. The map below displays the current traffic flow on La Paz Rd, between Rancho Niguel Rd and Kings Rd.

The City’s third issue covers key topics, including:

• Proposed Battery Energy Storage System (BESS) Project
• Fiscal Year 2024-25 Adopted Operating and Capital Improvement Budget
• La Paz Rd: Southbound Traffic to be Restored Ahead of Schedule
• Chet Holifield Federal Building Update
• Sea Country Senior & Community Center: Extended Hours of Operation