Articles

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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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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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),…
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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…
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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…
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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….
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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,…
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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…
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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…
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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…
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