LHC Newsletter Vol. 5, No. 4

Everything you always wanted to know about Operating Rules.

By David, A. Loewenthal, Esq.

Operating Rules are a tool frequently used by a Board of Directors of an Association in attempting to better manage and operate the common interest development. Unlike Covenants, Conditions and Restrictions that require membership approval, Operating Rules can be drafted and…
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LHC Newsletter Vol. 5, No. 3

Protecting Your Investment: Steps to Take to Avoid Being Underinsured

Your home, like most Californians’, is your life’s most expensive purchase. Consequently, the protection of such a valuable asset requires you to regularly review your homeowners or condominium owners insurance to ensure it is updated to include improvements, major purchases and increased rebuilding costs. This…
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LHC Newsletter Vol. 5, No. 2

Updating the Association’s Governing Documents: Amending vs. Restating and Everything in Between

By David A. Loewenthal, Esq.

As Association governing documents, i.e. Covenants, Conditions and Restrictions and Bylaws age, such documents become increasingly antiquated as the statutory laws that govern Common Interest Developments change. Thus, Boards of Directors are faced with the dilemma of determining…
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LHC Newsletter Vol. 5, No. 1

The Time is Now to Inspect Your Property

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

As we enter 2011, we are hopefully moving away from the worst real estate market in the last eighty (80) years. Unfortunately, the effects of the last twelve (12) years of the real estate market will likely plague…
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LHC Newsletter Vol. 4, No. 5

Announcement – LHC Partners Obtain $3,246,500 For 23 Unit Condominium Association (Traviatta v. TBCI Concrete Structures, et al.)

We are pleased to announce that LHC recently obtained more than $3,230,000 in pre and post trial settlements for the homeowners association of a 23 unit condominium project in Los Angeles. The Traviatta project suffered from construction…
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LHC Newsletter Vol. 4, No. 4

Understanding FHA Rules – Easier said than done

By: David A. Loewenthal, Esq.

In the current economic climate, many associations struggle with budgets, delinquent accounts, foreclosures, and many other related issues. This said, indications are that new and some first time buyers are returning to the market. In better times, Federal Housing Authority (FHA) loan…
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LHC Newsletter Vol. 4, No. 3


By David A. Loewenthal, Esq.

*This newsletter contains highlighted excerpts from the January 2010 CACM Law Seminar Presentation that I co-authored with Larry Russell, Esq. of Russell and Mallett LLP. A link is provided below to a PDF file of the entire presentation text: (Navigating Through Litigation)

One of the most…
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LHC Newsletter Vol. 4, No. 2


By: Robert D. Hillshafer, Esq.

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…
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LHC Newsletter Vol. 4, No. 1

THE COLLECTION END GAME: How To Maximize Recovery, Minimize Costs And Generate Cash Flow

By Robert D. Hillshafer, Esq.

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…
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LHC Newsletter Vol. 3, No. 6

Drought and Water Related Regulations, Resources and Legislation – Associations managers and homeowners will continue to be affected

(Note: This is a summary of a longer article available at the firm website in Drought and Water Related Regulations)

Water restrictions are not new in California….
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