The Uncommon Area

Update (June 24, 2026): The Assembly committee hearing on SB 1007, scheduled for June 24, was canceled at the author's request. The bill has not been defeated or signed into law and remains active in the legislative process.

The concerns discussed in this episode remain relevant, and there is still time for homeowners, board members, and community associations to make their voices heard. We'll continue to share updates as the bill moves forward.

California’s HOA industry is facing several significant legislative proposals that could reshape how associations plan for reserves, fund operations, and address future maintenance obligations.

Attorney Robert DeNichilo joins Matthew Holbrook to explain the role of the California Legislative Action Committee (CLAC), discuss the rationale behind AB 2050’s reserve funding requirements, and examine concerns surrounding SB 1007’s proposed assessment caps.

Topics include:

• What CLAC does and how it influences legislation

• The reasoning behind AB 2050 and mandatory reserve funding

• Deferred maintenance and the lessons learned from aging communities

• Why reserve studies matter

• How assessment caps could affect HOA finances

• The relationship between reserve funding and special assessments

• Fannie Mae and Freddie Mac reserve funding considerations

• Ways HOA board members and managers can participate in advocacy efforts

• Additional legislation involving HVAC systems, heat pumps, and election by acclamation

Take action and learn more:

https://www.votervoice.net/CAI/Campaigns/138083/Respond

Guest:

Robert DeNichilo

https://www.dlawapc.com/

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode? Subscribe to our YouTube channel or go to our page. Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram, or LinkedIn.

TIMESTAMPS

01:19 Meet Robert DeNichilo & CLAC

04:56 AB 2050: Mandatory Reserve Funding

06:08 Champlain Towers & Deferred Maintenance

08:19 Massive HOA Special Assessments

09:32 The Reserve Funding Formula

11:23 Reserve Study Best Practices

13:37 Will AB 2050 Pass?

15:24 How HOA Leaders Can Influence Legislation

18:57 SB 1007 Explained

20:45 Assessment Caps & CPI

22:13 Why Assessment Caps Create Problems

23:53 Realtors, Lenders & Fannie Mae

26:34 What HOA Boards Should Do Now

28:05 The Conflict Between AB 2050 & SB 1007

30:00 Why HOA Leaders Need to Speak Up

31:05 Predictions for SB 1007

33:07 Other Pending HOA Bills

34:23 Election by Acclamation Changes

34:59 When Will We Know the Outcome?

35:52 Final Thoughts

Volunteer HOA board members don't get paid...but they can absolutely get sued. In this episode, HOA attorney Lisa Tashjian of Beaumont Tashjian joins host Matthew Holbrook to break down one of the most overlooked risks in community association governance: board member negligence.

Lisa explains the difference between negligence and gross negligence, why boards that haven't raised assessments in years should be concerned rather than proud, and how deferred maintenance creates real legal exposure. She also covers the business judgment rule, what happens when boards go opinion shopping for favorable expert reports, and why ignoring a complaint is never a neutral act.

Plus: the social media habit that quietly creates liability for the whole board, the difference between meeting minutes and board resolutions, and why a "book of resolutions" might be the most underused protection tool in HOA governance.

If you serve on a board, manage communities, or advise associations, this one is worth your full attention.

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode? Subscribe to our YouTube channel or go to our page. Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram, or LinkedIn.

California HOAs are still trying to fully understand the impact of AB 130, and according to attorney Dirk Petchul, many boards may be focusing on the wrong things.

In this episode of The Uncommon Area, Matthew Holbrook sits down with Dirk to break down the real-world implications of AB 130, including HOA fine limitations, “cured” violations, enforcement confusion, and the legal gray areas community associations are now navigating across California.

The conversation explores:

• AB 130 explained for HOA boards

• California HOA enforcement changes

• The $100 HOA fine limitation

• What qualifies as a cured violation

• Why some HOA boards may be overreacting

• The risks of aggressive enforcement strategies

• Health and safety enforcement concerns

• Why associations should review their governing documents now

This episode is essential listening for HOA board members, community managers, homeowners, and industry professionals trying to understand how AB 130 is reshaping HOA operations and enforcement in California.

Learn more about Dirk Petchul and HOA legal services at Petchul Law

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode? Subscribe to our YouTube channel or go to our page. Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram, or LinkedIn.

California HOAs are still adjusting to the realities of AB 130 months after the law reshaped HOA enforcement rules across the state.

In this episode of The Uncommon Area, Matthew Holbrook is joined by HOA attorney Maria Kao for Part 1 of a two-part AB 130 series focused on one major question:

How can HOA boards enforce community standards when traditional fines are no longer an effective deterrent?

The conversation explores:

• California HOA fine limitations under AB 130
• Repeat and ongoing violations
• HOA reimbursement assessments
• Health and safety exemptions
• Hearing procedures and enforcement policies
• Short-term rental enforcement
• Amenity suspension and alternative enforcement tools
• Communication strategies for improving homeowner compliance

Rather than simply discussing the legislation itself, this episode focuses on the practical challenges California HOA boards and managers are now facing in day-to-day operations.

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode? Subscribe to our YouTube channel or go to our page. Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram, or LinkedIn.

What happens when a homeowner refuses to leave a board meeting? When a fellow board member is exposing the association to liability? When one resident sends 173 emails in four months and every single one is technically civil?

In Episode 90 of The Uncommon Area, Matthew Holbrook is joined by Texas HOA and condominium attorney Teddy Holtz to explore one of the most pressing challenges in community association management: what to do when civility breaks down.

From meeting notice requirements to codes of conduct, from disruptive homeowners to dysfunctional boards, this episode gives board members and property managers the legal tools they need to run better, more protected communities.

Topics covered in this episode:

• Texas board meeting notice requirements for HOAs and condominium associations
• When and how to run an executive session properly
• Whether boards are legally required to allow homeowner participation
• How to handle a disruptive homeowner, including removal, adjournment, and reconvening
• Whether a homeowner can legally be barred from a reconvened meeting in Texas
• Recording board meetings in Texas: what is allowed and what is not
• Homeowner codes of conduct: what to include and how enforceable they are
• Board member codes of conduct: ethical standards, self-dealing, and speaking with a unified voice
• Whether a board can vote to remove one of its own members under Texas law
• Why financial consequences may be the only thing that changes a bully’s behavior
• The growing impact of AI-generated responses in HOA disputes

Resources:

Guest: Teddy Holtz, Texas HOA Attorney

Host: Matthew Holbrook, Action Property Management

Subscribe to The Uncommon Area on Apple Podcasts, Spotify, and YouTube

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode? Subscribe to our YouTube channel. Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram, or LinkedIn.

*Legal requirements vary by state. This episode uses Texas law as examples. Board members should consult local counsel for state-specific guidance.

In this episode of The Uncommon Area, Action Property Management's CEO, Matthew Holbrook, is joined by insurance expert Dennis Socher to break down HOA and D&O insurance in a way that is practical, clear, and actionable. From directors and officers (D&O) insurance to general liability coverage, this conversation helps boards understand what their policies actually cover and where they may be exposed.

Many associations assume they are properly insured, but coverage gaps, exclusions, and outdated property valuations can create serious financial risk. This episode explores how those gaps happen and how boards can take a more proactive approach to managing insurance.

We cover:

• The difference between HOA D&O insurance, errors and omissions, and general liability
• What HOA insurance policies typically cover and what they exclude
• How HOA insurance coverage limits are determined and why minimums may not be enough
• How to evaluate property replacement cost and avoid underinsurance
• Why HOA insurance premiums are rising and why the market is tightening
• How water damage, maintenance, and claims history impact your policy
• What to expect during the HOA insurance renewal process
• The role of an insurance broker and how to choose the right one
• When umbrella insurance makes sense for additional protection

This episode is essential for HOA board members, community managers, and anyone involved in community association management who wants to better understand HOA insurance, reduce risk, and make more informed decisions.

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode video? Subscribe to our YouTube Channel!

Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram or LinkedIn.

Executive session is one of the most misunderstood aspects of HOA governance.

In Episode 88 of The Uncommon Area, Matthew Holbrook continues his conversation with HOA attorney James McCormick of Delphi Law Group to explain when boards should move discussions into executive session and why it matters.

They discuss legal matters, collections, member discipline, contract formation, foreclosure discussions, and payment plans. The conversation also explores leadership lessons from The Five Dysfunctions of a Team and how trust and healthy conflict shape effective boards.

Resources

Learn more about James McCormick

Read The Five Dysfunctions of a Team by Patrick Lencioni

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode video? Subscribe to our YouTube Channel!

Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram or LinkedIn.

What happens when conflict erupts inside the HOA board?

In Episode 87 of The Uncommon Area, Matthew Holbrook speaks with HOA attorney James McCormick of Delphi Law Group about one of the most uncomfortable realities of community governance: disagreements between board members.

They explore whether a board member can actually be removed, how recall elections work, and why most association conflicts stem from human dynamics rather than legal issues.

The conversation also highlights the importance of education, expectation management, and strong governance practices that help boards work together effectively.

If you serve on a board or manage an association, this episode offers practical insight into navigating difficult situations.

Resources

Learn more about James McCormick

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode video? Subscribe to our YouTube Channel!

Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram or LinkedIn.

HOA audits play a critical role in ensuring financial transparency and accountability within community associations.

In this episode of The Uncommon Area, host Matthew Holbrook sits down with CPA Sam Timothy to discuss how HOA audits work and what boards should pay attention to when reviewing financial reports.

They explore how auditors verify cash balances, confirm expenses, and identify irregularities that may indicate fraud or financial mismanagement. The conversation also covers internal financial controls, the purpose of forensic audits, and how tax rules apply to associations.

Guest:

Sam Timothy, CPA

Timothy, DeVolt & Company

LinkedIn: https://www.linkedin.com/in/sam-timothy-c-p-a-3b9b17/

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode video? Subscribe to our YouTube Channel!

Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram or LinkedIn.

Litigation is one tool, not the only tool. This episode with Chad Thomas of Berding & Weil explores how boards can evaluate defects, understand SB 800, and pursue resolution without rushing into a lawsuit.

Follow The Uncommon Area for expert-led discussions on HOA law, governance, and property management best practices. Rather watch the episode video? Subscribe to our YouTube Channel!

Have a topic you’d like covered? Email us at [email protected] or follow us on Facebook, Instagram or LinkedIn.