Community Associations, Hazard Mitigation, and Development Regulation
Zoning Practice — March 2017
By Tyler Berding, Joseph DeAngelis, AICP
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Common-interest community associations, including home owner associations (HOAs), condominium associations, and housing cooperatives, play a critical role in the maintenance of local infrastructure. This often includes maintenance of common open space and may include maintenance of private streets and sidewalks, stormwater facilities, or other infrastructure that plays a role in hazard mitigation.
This issue of Zoning Practice provides an overview of the risks of delegating maintenance responsibilities to community associations. It discusses the impact of performance guarantees on long term infrastructure maintenance, makes recommendations for local development regulations to ensure that community associations are capable of long-term disaster mitigation infrastructure maintenance, and presents three examples that potentially illustrate "better" practices in dealing with community association responsibilities for critical disaster mitigation infrastructure maintenance.
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About the Authors
Tyler Berding
Tyler Berding is a founding partner of Berding & Weil LLP, a California law firm that has represented over 1,500 community associations in the past 40 years and written extensively about their operations. He has drafted legislation affecting common interest developments and frequently testified before legislative committees. He served as a member of the California Department of Real Estate's Task Force on Common Interest Developments. He is a member of the American Bar Association Forum on the Construction Industry, the State Bar of California, and the Common Interest Development Subsection of the State Bar's Real Property Section, the Foundation for Community Association Research, and Consumer Attorneys of California. Mr. Berding has a J.D. from the University of California, Davis, and a M.A. and a Ph.D. from Claremont Graduate University.
Joseph DeAngelis, AICP
Joe DeAngelis, AICP, is a planner and research manager at the American Planning Association, where he manages projects on climate adaptation, natural hazard risk, and community resilience. Joe has co-authored a variety of publications while at APA, including the 2020 Planning Advisory Service Report “Planning for Infrastructure Resilience” and since 2021, APA’s annual Trend Report. Joe is also the co-author of the upcoming report “Exploratory Scenario Planning for Hazard Mitigation and Climate Adaptation.” Before coming to APA in 2016, Joe worked as a Resilience Planner for the New York City Department of City Planning, where he focused on post-Hurricane Sandy recovery and long-term redevelopment. He holds a Master of Urban Planning degree from CUNY-Hunter College.