Iger Wankel & Bonkowski, LLP

Another Congratulation for Denise Iger

Fri, 09 Jan 2026 17:07:54 -0500

SB 410 Expands HOA Disclosure Obligations for SB 326 Inspection Reports

Wed, 17 Dec 2025 18:37:15 -0500

Civil Code section 4525, which governs the documents a seller must provide to a prospective purchaser, has been amended to expressly include the most recent exterior elevated elements inspection report.

Denise Iger Nominated for Article of the Year

Thu, 11 Dec 2025 19:25:44 -0500

Congratulations to Denise Iger!

AB 130 Prohibits Fees Related to ADUs

Tue, 12 Aug 2025 16:51:51 -0400

Civil Code section 714.3 has been amended over the years and allows a homeowners association to regulate, but not ban, accessory dwelling units (ADUs) and Jr.ADUs. The change to the law creates a new definition of what might be considered a “reasonable restriction” by adding “Reasonable restrictions shall not include any fees or other financial requirements” to Civil Code section 714.3.

AB 130: New Law Imposes Restrictions on HOA Fines

Thu, 10 Jul 2025 15:20:09 -0400

On very short notice, and without meaningful opportunity for public input, the California Legislature has passed Assembly Bill 130, which significantly changes how HOAs can impose fines. This bill was tucked into an emergency budget package unrelated to HOA governance and signed into law this week. It is already in effect.

Civil Engineers Now Authorized to Perform SB 326 Inspections

Fri, 16 Aug 2024 00:00:00 -0400

With the deadline to complete the “Balcony Bill” inspections for community associations that are responsible for the maintenance of elevated load-bearing components looming on December 31st of this year, the California Legislature has enacted Assembly Bill 2214.

AB-1458 Quorum Requirements

Tue, 10 Oct 2023 16:47:09 -0400

At long last, AB 1458 has brought some relief to many associations that struggle year after year to reach a quorum to elect directors. Some associations have tried to address homeowner apathy by amending the quorum requirements for membership meetings, only to find that the owners are equally as disinterested in voting on amendments to the governing documents as they are in voting for directors.

David Wankel to Speak at the 2023 CAI-OC New Legislation Luncheon on November 7, 2023

Thu, 05 Oct 2023 18:24:44 -0400

David Wankel to Speak at the 2023 CAI-OC New Legislation Luncheon

AB 648 – Virtual Meetings

Thu, 05 Oct 2023 11:39:00 -0400

Assembly Bill 648 (AB 648) was signed into law on September 22, 2023, and is a giant leap for the legislature in recognizing that not all technology should be feared. This new law includes specific declarations by the legislature indicating that virtual meetings “improve and enhance homeowner members’ ability to participate and comment on business-related matters of the association and their community.” For years there has been a concern that virtual meetings may disenfranchise those without the ability to master telephonic or videoconference technology. This new law clearly recognizes that those fears are outweighed by the greater good, which is that virtual meetings allow for greater access for all members. This law becomes effective January 1, 2024.

The Duty to Disclose Information on Insurance Applications Should be Taken Seriously

Wed, 30 Mar 2022 15:28:42 -0400

A representative applying for insurance on behalf of a homeowners association must disclose all requested information to the insurer under the “duty of disclosure.” Before entering into an insurance contract, the duty of disclosure requires the applicant to provide requested information to enable the insurance company to decide whether, and on what terms, the policy will be issued, including the amount of the insurance premium. In the recent federal case, Atain Specialty Ins. Co. v. Lake Lindero HOA, No. 21-55319 (9th Cir. Feb. 7, 2022), the federal appellate court ruled that an insurance policy may be rescinded if an association fails to disclose a situation that could give rise to a claim or litigation at the time the application is completed.

Denise Iger nominated for the Community Association Institute – Orange County Chapters’ award for Program of the Year

Tue, 15 Feb 2022 11:41:23 -0500

Congratulations to Denise Iger for being nominated for the Community Association Institute – Orange County Chapters’ award for Program of the Year. Denise was nominated for her program entitled “Rebuilding Community in Times of Crisis” which was presented in October 2021 as the keynote speech at the Chapter’s Symposium & Expo.

Landowner Owes No Duty to Provide Onsite Parking to Invitees

Fri, 19 Nov 2021 16:03:42 -0500

In the recently decided case of Issakhani v. Shadow Glen Homeowners Association, Inc., the plaintiff followed another car through the Shadow Glen condominium complex's security gate and looked for a parking space, with the intent of visiting her friend who lived in the complex. The complex has 170 onsite parking spaces, and they are marked as "Reserved" for residents or as "Visitor" for guests. She did not see an available parking space, so she parked her car outside the community on the far side of a five-lane street. Rather than walk to the next marked crosswalk several hundred feet away, she jaywalked across the street at night. She was struck by a car and sustained a traumatic brain injury along with several skull fractures. She sued the association for damages.

City Restrictions on Sober Living Homes Upheld

Mon, 15 Nov 2021 00:00:00 -0500

For the past several years, Costa Mesa’s overt attempts to regulate sober living homes have been challenged by sober living operators in both state and federal court. Sober living homes have tried to fend off any and all restrictions on where and how they can operate by arguing that addicts in recovery are protected by the Americans with Disabilities Act and the Fair Housing Act. In lawsuits, the City counterargued that their laws are to protect the entire community from operators of unlicensed facilities which expose residents to dangerous conditions and create public nuisance concerns. In September 2021, the Federal Ninth Circuit Court of Appeals upheld lower court rulings and agreed that Costa Mesa’s sober living ordinances are not discriminatory and do not violate the Fair Housing Act. This is a major victory for the City and for the future regulation of these homes state-wide.

What Your Insurance Company Owes You

Mon, 08 Nov 2021 00:00:00 -0500

Although it can feel as if insurance companies hold all the cards after a claim is filed, California has more laws to protect insurance policyholders than most states in the country. These laws tell companies and their representatives how they must behave after an insurance claim is filed. Most importantly, an insurance company has the legal duty to investigate, process, and pay your claim fully and in good faith, and deal with you fairly at all times. Failure to do so could potentially expose the insurance company to a bad faith lawsuit.

New Case May be Helpful in Suits Filed to Encourage Compliance

Mon, 01 Nov 2021 00:00:00 -0400

In Champir, LLC v. Fairbanks Ranch Association, the Plaintiffs owned a home in Fairbanks Ranch, a planned development community in Rancho Santa Fe (“Association”). Fairbanks Ranch had plans to install traffic signals at its entrance gates, one of which would be directly outside Plaintiffs' home. The Plaintiffs sued the Association and alleged that it failed to request a vote and obtain approval from its members before entering into a contract to install the traffic signals. The Plaintiffs argued that the CC&Rs required membership approval for any capital expenditure that exceeded five percent of the Association's annual budget for the year. This is a common requirement found in most association governing documents. The Plaintiffs also argued that assessments that had been approved by the members for a different gate project were improperly being used to fund this project. Finally, the Association planned to transfer operation and maintenance of the traffic signals after construction to the County of San Diego, which Plaintiffs alleged would be an improper transfer of Association assets to a third party, without a prior vote or majority approval.

Legislative Update Regarding Virtual Meetings (SB 391)

Tue, 12 Oct 2021 16:08:13 -0400

Newly enacted emergency legislation requires that certain conditions be met before an open meeting may be conducted by teleconference or videoconference. If a board chooses to conduct an open meeting during a State of Emergency and without providing a physical location for the members to attend the meeting, the association must follow additional notice requirements, minute requirements, and technical support requirements to avoid potential lawsuits and civil penalties.

New Mandates on Rental Restrictions (AB 3182)

Mon, 02 Nov 2020 16:49:33 -0500

Assembly Bill (AB) 3182 amends Civil Code section 4740 and adds Civil Code section 4741, effective January 1, 2021, to void most prohibitions and “unreasonable” restrictions on leasing. The new law applies to both pre-2012 grandfathered prohibitions, as well as amendments adopted in 2012 or later.

CLIENT ALERT - Tips on Safeguarding the Financial Health of HOAs During the COVID-19 Crisis

Tue, 14 Apr 2020 15:33:47 -0400

Many board members are deeply concerned about the impact the stay-at-home order will have on the association’s ability to pay its bills. The Los Angeles Times has reported that there have been 2.3 million new unemployment claims made in California within the last month. But, in that the unemployment checks cap out at $1,050 per week for the highest-paid recipients, the payments may not be enough for all owners to meet all of their obligations. And while federal stimulus packages offer hope for small business owners, it currently appears that the funding will not come over night, there may not be enough for everyone and many will need to pay it back.

The Election Law Overhall (SB 323)

Wed, 16 Oct 2019 16:11:37 -0400

On October 13, 2019, Governor Newsom signed Senate Bill 323 into law. The new provisions will be effective on January 1, 2020. This new law contains numerous changes to existing election laws and will require that all homeowners associations amend their election rules. Further, because the new law does not allow changes to election rules within ninety (90) days of an election, all boards should be reviewing this issue with legal counsel as quickly as possible to avoid potential problems. This applies especially to associations that hold the annual election between January and April.

LEGISLATIVE UPDATE: SB 1016 - EVCS

Tue, 18 Sep 2018 16:30:48 -0400

On September 13, 2018, Governor Brown issued two executive orders designed to encourage the use of zero emission vehicles (ZEVs) and reduce the greenhouse gas emissions created by gas-using vehicles.

LEGISLATIVE UPDATE: AB 2912 - Financials

Tue, 18 Sep 2018 16:23:33 -0400

Assembly Bill 2912 was drafted with the express intent of preventing fraudulent activities by management companies.

National Rat Catcher’s Day

Sun, 22 Jul 2018 00:00:00 -0400

Today is National Rat Catcher’s Day. For real! It commemorates the story of the Pied Piper of Hamelin and is a day to say thanks to all the exterminators out there. Here are some fun facts about rats and the people that we rely on to keep them away from us:

Fair Debt Collection Practices Act

Wed, 27 Jun 2018 16:42:26 -0400

When sending pre-lien letters to delinquent homeowners, it is important to ensure that the letters comply with the Fair Debt Collection Practices Act (“FDCPA”). The FDCPA was created as a safeguard to assure that debt collectors fully disclose to debtors the details of the debts owed. Specifically, the FDCPA requires a debt collector to disclose to the debtor the amount of the debt owed, to whom the debt is owed, the right to dispute the debt within 30 days of receipt of the letter, and the right to obtain verification of the debt. If the debtor decides to dispute the debt and submits this request in writing to the debt collector within the 30-day period, the debt collector is required to stop the collection process until the debtor receives mailed verification of the debt owed.

Denise Iger provided testimony at a public hearing moderated and hosted by Orange County District Attorney Tony Rackauckas

Tue, 13 Mar 2018 00:00:00 -0400

Denise Iger provided testimony at a public hearing moderated and hosted by Orange County District Attorney Tony Rackauckas on March 12, 2018. Ms. Iger testified about her experience regarding recovery homes in homeowners associations, including abuses and the increasing problems she has seen with poorly run recover homes over the last 22 years of her career. Other invited speakers included mayors and the Costa Mesa Chief of Police. Mr. Rackauckas was moved by the testimony he heard and committed to establishing a task form to investigate stronger regulation and enforcement.

2017-2018 Iger Wankel & Bonkowski Legislative Update Video

Thu, 04 Jan 2018 15:20:34 -0500