October 7, 2008 • By Kelly G. Richardson

I know this may be a silly question, but is that (the new agenda law) a state or federal law?  We are part of a homeowners' association in Kauai, and we are presuming this is a state law, but I wanted to check to make sure.

 

Thanks,

 

The law requiring agendas to be posted at least four days ahead of any non-emergency board meeting (Civil Code Section 1363.05(f)) is California state law. There are some federal laws that apply to HOAs, such as the FCC rule on antennae or the Fair Housing laws, but most are state law.

In California, any state statute can be accessed on line at www.leginfo.ca.gov/calaw.html.  From that web address, click on any set of statutes and press enter. Usually in the common interest development area, the Civil Code contains most of the statutes pertaining to common interest developments.  Some statutes in the Corporations, Business and Professions, and Government Codes, and the Code of Civil Procedure also specifically address CID issues.

 

 

Kelly G. Richardson is the Managing Partner of Richardson & Harman PC, a California law firm known for real estate and community association advice.Direct questions to KRichardson@RH4Law.com.  For past columns, visit http://www.hoahomefront.com.  All rights reserved®.

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