Guest Editor’s Note

California and the nation are still reeling from the catastrophic wildfires that struck Los Angeles earlier this year. In the wake of these destructive wildfires, community associations are left to pick up the pieces, scrambling to understand their obligations and responsibilities and wondering how to prepare for the next disaster.

The possibility of a community association facing a disaster situation may seem far off and remote; however, an association facing a disaster level situation is a very real possibility and one that every community manager and board should be prepared to face. A disaster may be in the form of an unpredictable natural event, like a wildfire or earthquake, or it may take the form of a building collapse, like the building collapse in Surfside, Florida in 2021 or the balcony collapse in Berkeley, California in 2017.

Some of the articles in this issue discuss how associations react in the wake of a disaster. For example, the financial strategies a community can utilize in order to fund and plan for rebuilding the community. Another article tackles the repercussions associated with disasters in communities, insurance issues and standards of care related to prevention and rebuild. A third article delves into how associations can plan for a community rebuild through its architectural guidelines and processes. In the aftermath of a disaster, it may also be necessary for an association to adopt emergency rules to temporarily address the emergency situation; this topic is also addressed in this issue.

Other articles look to assist associations in preparing for disaster in the future, including review of CC&R provisions to ensure damage and destruction and insurance provisions make sense in the event of a rebuild. A final article provides guidance on contract provisions that should be reviewed and included to protect association in the event a disaster interferes with contractual obligations.

The purpose of this Summer Issue of the Law Journal is to address the issues associations face in the aftermath of a disaster – whether a wildfire, earthquake or building collapse - to guide community managers and their associations to rise from the ashes of disaster to rebuild and prepare for the future.

Dyanne L. Peters, Esq., is an attorney with Tinnelly Law Group and has been serving the community association industry for over eight years. She provides legal counsel to homeowners associations throughout California, with a focus on governance, enforcement, and risk management.