Articles

“REVIEW OF LEGISLATION AND APPELLATE DECISIONS AFFECTING HOMEOWNER’S ASSOCIATIONS IN 2015”

LHC Newsletter, Vol 8, No. 1

“REVIEW OF LEGISLATION AND APPELLATE DECISIONS AFFECTING HOMEOWNER’S ASSOCIATIONS IN 2015″

Robert D. Hillshafer, Esq.

David A. Loewenthal, Esq.

Loewenthal, Hillshafer & Carter, LLP

Important Appellate Court Decisions

  • Huntington Continental Townhouse Association, Inc. v. Joseph A. Minor (2014) 2014 S.O.S. 4543.
  • Why significant:      It represents a continuing trend that is…
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    “REVIEW OF NEW LEGISLATION AND APPELLATE DECISIONS AFFECTING HOMEOWNER’S ASSOCIATION IN 2014”

    LHC Newsletter Vol. 7, No. 5

    “REVIEW OF NEW LEGISLATION AND APPELLATE DECISIONS AFFECTING HOMEOWNER’S ASSOCIATION IN 2014″

    By: Robert D. Hillshafer, Esq.

    Loewenthal, Hillshafer & Carter, LLP

    Important Appellate Court Decisions

    1.         Huntington Continental Townhouse Association, Inc. v. Joseph A. Minor (2014) 2014 S.O.S. 4543.

    Why significant:      It represents a continuing trend that is limiting…
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    “ROGUE DIRECTORS: MANAGING THE CRISIS AND MITIGATING THE DAMAGE”

    LHC Newsletter Vol. 7, No. 4

    “ROGUE DIRECTORS: MANAGING  THE CRISIS AND MITIGATING THE DAMAGE”

    By: Robert D. Hillshafer, Esq.

    Although it is not necessarily a routine occurrence, an Association director going “rogue” and potentially wreaking havoc within an Association happens often enough that managers and board members should be aware of the possibility, and…
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    “Associations and Nuisances – When and How Should the Board Act”

    LHC Newsletter Vol. 7, No 3.

    “Associations and Nuisances – When and How Should the Board Act”

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

    What may constitute a nuisance and when the Board should take action to address a nuisance is the topic of many Board discussions.  The perception that a…
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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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    “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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