Articles

LHC Newsletter, Vol 8, No. 2

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

By:      Robert D. Hillshafer

David A. Loewenthal

Michael D. Attar

So you have attempted to amend the Association’s Declaration of Covenants, Conditions and Restrictions (CC&R’s) without success.  What do you do now after having already spent considerable Association resources and much effort getting…
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Substantive Changes to the Davis-Stirling Act as of January 1, 2014

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:

  • NEW DEFINITIONS REGARDING:
  • a. …
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    Review of Court Decisions Impacting Community Associations in 2013

    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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    Board Member’s Conflict of Interest – When Does a Board Member Cross a Line?

    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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    Medical Marijuana and Community Associations

    (“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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    Staying Current on Disclosures of Claims

    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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    Civil Code Section 1365.05 – The Open Meeting Act: Where Are We Now?

    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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    How the First Amendment Impacts What is Said at an HOA Meeting: The Anti-SLAPP Statute

    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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    Service of Process: Gated Communities Beware

    As most litigators will tell you, serving a civil lawsuit on a defendant can often be a challenging task.  Specifically, defendants, especially when they know that they may be the subject of a lawsuit will go to great lengths to attempt to avoid service of process of the Summons and Complaint.  Until the Summons and…
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    Why Do Management Companies Do This To Themselves: Ways In Which Managers Create Liability

    Management companies, for the most part, have become more sophisticated over the last several years.  This is as a result of education and training that many management companies are requiring of their managers, which benefits both the management company and the associations which they manage.  The realization of the need for training and education is…
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