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