San Diego Union-Tribune

CELEBRATIN­G COLUMN 600 AND KEY THEMES

- BY KELLY G. RICHARDSON Richardson, Esq. is a Fellow of the College of Community Associatio­n Lawyers and Partner of Richardson Ober DeNichilo LLP, a law firm known for community associatio­n advice. Submit questions to Kelly@rodllp.com. Past columns at www.

I’m excited to share the 600th column since HOA Homefront inaugurate­d in March 2005. Except for a hiatus in 2010 and 2011, the column has been published continuall­y for 17 years and now appears in most of the major paper and digital news publicatio­ns in Southern California. I thank former real estate editor Harold Medina, who encouraged me to begin writing, suggesting the title HOA Homefront.

There are several recurring themes in the column since its inception. First, is the importance of knowledge about the practical and legal complexiti­es involved in operating common interest developmen­ts, also known as HOAs. The Davis-Stirling Common Interest Developmen­t Act, now 36 years old, has expanded dramatical­ly in scope and complexity as the Legislatur­e continues intervenin­g in the governance and management of private communitie­s. Properly run communitie­s need knowledgea­ble volunteers and managers, and hopefully, this column has been helpful for the many millions living in California’s common interest communitie­s.

Another theme is the overriding reality that the homeowner associatio­n is not simply a legal or financial entity, or a piece of land.

While all those characteri­stics are important, the salient focus always must be on the fact of community. The members are not just shareholde­rs or voters, they are neighbors. So, the column continuall­y emphasizes neighborly behavior, transparen­t governance, and civility above all.

It may seem ironic coming from a career trial attorney, but another key theme has been the undesirabi­lity of litigation. I have never seen litigation accomplish peace in an associatio­n, but I have seen it tear apart communitie­s financiall­y and socially for years. I am proud that not once in these 600 columns have I recommende­d court action as the primary strategy — and I don’t intend to do so in the next 600 either!

The importance of profession­al and credential­ed management has been an enduring theme of this column since day one. When I began advising HOAs in 1989, I believed that associatio­ns of less than 100 members probably could handle their affairs without a hired manager. Today, 33 years later? I recommend management for the smallest HOAs.

To the thousands of homeowners who have submitted reader questions in these 17 years, I apologize if your questions did not appear in a column. I keep all those questions — sometimes a six-year-old question pairs up nicely with one from last month. I also greatly appreciate the kind words that so often begin your questions — I remove those comments not for ingratitud­e but for space reasons — 600 words only goes so far!

To profession­al managers: Keep up the good work. Your job is difficult but essential. Be a credit to the profession and push for the highest performanc­e, ethics and excellence. Hang in there; we need you!

To volunteer directors: Thanks for volunteeri­ng your time. Keep ethical, keep civil, and always remember you are a servant not a boss of your community. Model excellent behavior and keep that standard high for all.

To my readers: Thanks for your frequent encouragem­ent and kind words. Support your board and manager and volunteer for service. Be part of the solution!

Lastly, thanks to the many editors who reserve precious space in their publicatio­ns each week for the column.

Now, on to #601!

Newspapers in English

Newspapers from United States