Newsletters

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 have potential strategies for controlling the…
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LHC Newsletter Vol. 7, No 3. – Associations and Nuisances

Nuisance

“When and How Should the Board Act”

By:  David A. Loewenthal and Robert D. Hillshafer

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 nuisance exists is often based upon the subjective…
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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 community associations. However, perhaps the secondhand smoke issues are…
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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 a contract; receipt of gifts from…
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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 all construction defect claims by the…
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LHC Newsletter Vol. 6, No. 5

NEW LAWS FOR 2013

By: David A. Loewenthal
Robert D. Hillshafer

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 on an annual basis. For the first time…
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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), was amended in such a way…
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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 companies are requiring of their managers,…
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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 members and directors. Some of these…
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LHC Newsletter Vol. 6, No. 1

ENFORCEMENT OF VIEW RESTRICTIONS: WHOSE RESPONSIBILITY IS IT AND HOW FAR MUST (SHOULD) AN ASSOCIATION GO?

By: Robert D. Hillshafer, Esq.

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…
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