Newsletters

LHC Newsletter, Vol 8, No. 2

THE PROPOSED CC&R AMENDMENT DID NOT PASS, WHAT DO YOU DO NOW?

By:      Robert D. Hillshafer

David A. Loewenthal

Michael D. Attar

So you have attempted to amend the Association’s Declaration of Covenants, Conditions and Restrictions (CC&R’s) without success.  What do you do now after having already spent considerable Association resources and much effort getting…
Read more

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

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 limiting the use of…
    Read more

    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 the use of the foreclosure remedy…
    Read more

    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…
    Read more

    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…
    Read more

    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…
    Read more

    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…
    Read more

    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…
    Read more

    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…
    Read more

    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…
    Read more