Articles

“REVIEW OF NEW LEGISLATION AND APPELLATE DECISIONS AFFECTING HOMEOWNER’S ASSOCIATION IN 2014”

December 1, 2014 by LHC

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…
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“ROGUE DIRECTORS: MANAGING THE CRISIS AND MITIGATING THE DAMAGE”

October 30, 2014 by LHC

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…
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“Associations and Nuisances – When and How Should the Board Act”

October 2, 2014 by LHC

LHC Newsletter Vol. 7, No 3.

“Associations and Nuisances – When and How Should the Board Act”

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

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…
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Substantive Changes to the Davis-Stirling Act as of January 1, 2014

January 14, 2014 by Loewenthal, Hillshafer & Carter, LLP

OVERVIEW OF CHANGES:

  • Substantively  related  code sections are now grouped together for ease of use
  • Revisions have been made to clarify poorly worded  sections for clarity
  • Code sections which were previously  lengthy are now divided into shorter  sections
  • Some altogether new laws have been added

NOTABLE MODIFICATIONS:

  • NEW DEFINITIONS REGARDING:

    • a. …
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    “Medical Marijuana and Community Associations”

    January 14, 2014 by Kevin P. Carter, Esq.

    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…
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    Review of Court Decisions Impacting Community Associations in 2013

    January 14, 2014 by Loewenthal, Hillshafer & Carter, LLP

    Wittenberg v. Beachwalk Homeowners Association (2013) 217 Cal. App. 41h654.

    Facts:

    The Association held an election to amend its CCRs and the plaintiffs filed a lawsuit to void the result of the election on the ground that the Association’s board violated Civil Code Section 1363.03 (a)(1) and (a)(2) concerning use of “association media” to campaign…
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    Board Member’s Conflict of Interest – When Does a Board Member Cross a Line?

    August 31, 2013 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 vendors and litigation involving a board member against their association.

    The volunteer status of a board member is essential…
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    “BOARD MEMBER’S CONFLICT OF INTEREST – WHEN DOES A BOARD MEMBER CROSS A LINE?”

    August 30, 2013 by Loewenthal, Hillshafer & Carter, LLP

    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…
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    “REVIEW OF COURT DECISIONS IMPACTING COMMUNITY ASSOCIATIONS IN 2012”

    August 30, 2013 by Loewenthal, Hillshafer & Carter, LLP

    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…
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    “NEW LAWS FOR 2013”

    August 30, 2013 by Loewenthal, Hillshafer & Carter, LLP

    LHC Newsletter Vol. 6, No. 5

    “NEW LAWS FOR 2013”

    By: David A. Loewenthal, Esq.
    Robert D. Hillshafer, Esq.

    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…
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