Articles

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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    “Medical Marijuana and Community Associations”

    LHC Newsletter Vol. 7 No. 2

    “Medical Marijuana and Community Associations”

    (Or “What Do You Mean I Can’t Smoke Pot At The Community Pool?”)

    By: Kevin P. Carter, Esq.

    So we finally have an understanding of the law relating to cigarette smoking in…
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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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    “BOARD MEMBER’S CONFLICT OF INTEREST – WHEN DOES A BOARD MEMBER CROSS A LINE?”

    LHC Newsletter Vol. 7, No. 1

    “BOARD MEMBER’S CONFLICT OF INTEREST – WHEN DOES A BOARD MEMBER CROSS A LINE?”

    By: David A. Loewenthal, Esq.

    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…
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    “REVIEW OF COURT DECISIONS IMPACTING COMMUNITY ASSOCIATIONS IN 2012”

    LHC Newsletter Vol. 6, No. 6

    “REVIEW OF COURT DECISIONS IMPACTING COMMUNITY ASSOCIATIONS IN 2012”

    Pinnacle Museum Tower Association v. Pinnacle Market
    Development (2012) 55 Cal. 4th 223

    By: David A. Loewenthal
    Robert D. Hillshafer

    Facts:

    The developer of a condo project included in the recorded CCRs a provision which required that…
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    “NEW LAWS FOR 2013”

    LHC Newsletter Vol. 6, No. 5

    “NEW LAWS FOR 2013”

    By: David A. Loewenthal, Esq.
    Robert D. Hillshafer, Esq.

    During the last decade, those of us who are involved in the homeowner association field, i.e., property managers, Board of Directors and attorneys, have been inundated with substantial and significant changes in the law…
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    “Civil Code Section 1365.05 – The Open Meeting Act: Where Are We Now?”

    LHC Newsletter Vol. 6, No. 4

    “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),…
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    “Why Do Management Companies Do This To Themselves? Ways In Which Managers Create Liability”

    LHC Newsletter Vol. 6, No. 3

    “Why Do Management Companies Do This To Themselves? Ways In Which Managers Create Liability”

    By: David A. Loewenthal & Robert D. Hillshafer

    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…
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    “HOW THE FIRST AMENDMENT IMPACTS WHAT IS SAID AT AN HOA MEETING: THE ANTI-SLAPP STATUTE”

    LHC Newsletter Vol. 6, No. 2

    “HOW THE FIRST AMENDMENT IMPACTS WHAT IS SAID AT AN HOA MEETING: THE ANTI-SLAPP STATUTE”

    By: Kevin P. Carter

    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…
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