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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The Collection End Game: How To Maximize Recovery, Minimize Costs and Generate Cash Flow

Although the concept of fiduciary duty is mentioned frequently (often incorrectly) as applying to the duties of community association board of directors in general, one area in which it does certainly apply is relative to collection of Association assessments.  Because Associations operate on a zero based budget, which means that every dollar of assessments is…
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2009 Legislative Update Summary


This legislative update is a summary of those state senate and assembly bills (and one federal bill) which were passed by the legislature, signed into law and will most directly affect homeowner and community associations. With this same focus, also summarized here are: bills which were passed and vetoed, but may reappear; as well…
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Summary of 2008 Appellate decisions regarding HOA’s

  1. Harvey v. Landing HOA  162 Cal.App.4th 809

Background:   Condominium homeowner Harvey brought an action for trespass, breach of fiduciary duty and injunctive relief against homeowners’ association, members of homeowners’ association board of directors, and homeowners with attic access. The Superior Court granted summary judgment for defendants. Homeowner appealed.

The Landing is a…
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Neighbor to Neighbor Disputes

The Top Ten List

Homeowners associations, their directors, management companies, lawyers and most importantly, the homeowners themselves can be and frequently are confronted by neighbor to neighbor disputes. If not handled properly, these disputes can get out of control, costing time, money and ultimately impacting the entire association.

This article outlines ten general areas and/or…
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Eliminating Quorum Requirements – One size does not fit all

Recently there has been significant discussion of and movement toward modification of homeowner and community association voting processes. Much of the focus of these activities has centered on efforts to make elections easier by eliminating quorum requirements through a Bylaw amendment.  It has been suggested that eliminating quorum will help to avoid the problem of membership…
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Community Associations and Indoor Pollutants

By: David A. Loewenthal, Esq.

Environmental quality of indoor air has received  increasing attention over the last decade as the nation has become more informed about the dangers of indoor pollution.  As with noise and pets,  issues regarding indoor pollutants are a constant source of disputes within community associations.  Though this can…
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The Pros and Cons of Construction Defect Litigation

The purpose of this article is to assist Board of Directors in determining whether or not they should proceed forward in filing a construction defect action involving their common interest development. For the purposes of this article, the distinction between Civil Code §1375, also known as the Calderon Act, and the ultimate filing of a…
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The Mold and The Dutiful

The media has jumped on the topic of mold. Newspapers and magazines publish article after article about “toxic mold” and TV News Shows have featured the topic of mold. Articles addressing “toxic mold” have become commonplace in many publications and appear to have lulled many who are not immediately affected by a mold related issue…
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Dealing with Differences and Conflicts Using Communication and Mediation

In a perfect world, everyone would get along and there would not be a need for ways to resolve conflict. Unfortunately conflicts do arise and it is especially prevalent among homeowners residing in Common Interest Developments. Such conflicts may arise between the Board of Directors with an individual homeowner or between two (2) or more…
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