Articles

THE CC&R AMENDMENT DID NOT PASS, WHAT NOW?

By:          Robert D. Hillshafer, Esq. and Michael D. Attar, Esq.

Virtually every Association suffers from apathy and/or indecision when it comes to voting on a proposed restatement or amendment to Covenants, Conditions and Restrictions (CC&Rs).  This apathy persists even when multiple attempts at soliciting membership vote have…
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OVERVIEW OF CHANGES:

• Substantively  related  code sections are now grouped together for ease of use
• Revisions have been made to clarify poorly worded  sections for clarity
• Code sections which were previously  lengthy are now divided into shorter  sections
• Some altogether new laws have been added

NOTABLE MODIFICATIONS:

a. …
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Wittenberg v. Beachwalk Homeowners Association (2013) 217 Cal. App. 41h654.

Facts:

The Association held an election to amend its CCRs and the plaintiffs filed a lawsuit to void the result of the election on the ground that the Association’s board violated Civil Code Section 1363.03 (a)(1) and (a)(2) concerning use of “association media” to campaign…
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A growing concern within Associations is the issue of potential Board conflicts.  Several issues must be evaluated including the board members volunteer status; board members personal or financial interest in a contract; receipt of gifts from vendors and litigation involving a board member against their association.

The volunteer status of a board member is essential…
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(“What Do You Mean I Can’t Smoke Pot at the Community Pool?”)

So we finally have an understanding of the law relating to cigarette smoking in community associations. However, perhaps the secondhand smoke issues are not as clear as we think. Imagine this scenario, a few years from now, on a warm summer’s day…
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A management company uses a typical online outsourcing company for disclosures both for Civil Code   § 1368, and other disclosure purposes, including lender and escrow certifications.  Included within the disclosures is a question as to whether there is any pending litigation involving the association.

The management company updates the online disclosures monthly.  In between the…
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By:  David A. Loewenthal, Esq.
Robert D. Hillshafer, Esq.

 By now, all Association board members should be fully aware that on January 1, 2012, Civil Code Section 1363.05, (commonly known as the Open Meeting Act), was amended in such a way that could dramatically change how many board’s operate. …
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It is almost commonplace at Association or Board of Director meetings for tempers to flare or emotions to run high, leading to very animated exchanges between members and members or members and directors.  Some of these exchanges get downright nasty and personal, with all kinds of accusations being made during these emotionally charged meetings.  For…
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