Articles

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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Enforcement of View Restrictions: Whose Responsibility Is It and How Far Must (Should) An Association Go?

Without a doubt, one of the most contentious types of dispute which can arise in California single family home development is one involving interference or impairment of view.  One of the reasons that such disputes are so heated is because there is tremendous subjectivity in defining a “view,” let alone determining what constitutes a view…
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2011 California Legislative Update

2011 California Legislative Update

AB771 (Butler): Request for Documents/Fees: This law will amend Civil Code Section 1368 and add Section 1368.2. Currently, the Davis-Stirling Common Interest Development Act requires that an owner of a separate interest in a Common Interest Development provide specific documents to prospective purchasers of that property. In addition, homeowners associations are…
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2011 Appellate Case Review

Tesoro del Valle Master Homeowners Association v. Griffin

This case involves the enforcement of architectural restrictions in an association’s governing documents as against proposed installation of solar panels by an owner of a home within a planned unit development.

Griffin was the owner of a home within the Association who submitted an application to be…
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CACM Webinar-Operating Rules

David A. Loewenthal
Loewenthal, Hillshafer & Carter, LLP

Wayne Guralnick
Guralnick & Gilliland, LLP

OPENING POLLING QUESTION

What type of manager are you?

Portfolio Manager

On-site Manager


POLLING QUESTION NO. 1

Do you manage at least one account with 500…
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Management Company Liability – How to Avoid the Pitfalls of Liability

Over the past approximately ten (10) years, there has been increasing sophistication and professionalism displayed by most management companies which perform managerial services for common interest developments.

The increasing sophistication and professionalism of management companies has grown out of several competing reasons including, (1) the understanding that managers are viewed by the homeowners Association as…
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2010-2011 Legislative Update

David Loewenthal will be participating as a speaker at the CACM Southern California Law Seminar – January 21, 2011. For information visit:
http://www.cacm.org/southerncalawseminar.aspx

AB2016 (Torres) Common interest developments: requests for notices of default: An act to amend Section 2924b of the Civil Code, relating to common interest developments.

Last date of legislative activity:
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2010 Legislative Update Summary

By Robert D. Hillshafer and David A. Loewenthal

Compared to recent years, 2009 was not a year with dramatic amounts of new or significant legislation or court decisions impacting community associations. The following discusses new laws going into effect in 2010 and court decisions made during 2009.

NEW LAWS EFFECTIVE JANUARY 1, 2010:

Disclosures…
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Uncontested Board of Directors Elections: Do You Really Have to Hold an Election?

Uncontested Board of Directors Elections: Do You Really Have to Hold an Election?

An issue plaguing associations, managers and counsel is whether an association must comply with California Civil Code §1363.03 et. seq., for director elections if the nominations result in an uncontested election. The answer to this question largely depends upon who you ask,…
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Condominium Buyers Beware: Failure to Request Disclosures About the Dveloper and Builder May Cost You Dearly

Fact:   A substantial percentage of condominium developments have significant construction defects and end up in litigation over these defects.

Fact:   Municipalities and their Departments of Building and Safety are not responsible for preventing construction defects and are immune from civil liability for negligent construction, even if the construction was inspected and approved.

Fact:   Developers and…
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