Articles

“Increases in Foreclosures: Boards Must Be Ready to Act”

LHC Newsletter Vol. 1, No. 1

“Increases in Foreclosures: Boards Must Be Ready to Act”

By Robert D. Hillshafer, Esq.

In California, during the period from April through June 2007, lenders filed just under 54,000 Notices of Default (NOD), which is up 15.4% from the first quarter of this year and up 158% over the…
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Medical Marijuana and Community Associations

(“What Do You Mean I Can’t Smoke Pot at the Community Pool?”)

So we finally have an understanding of the law relating to cigarette smoking in community associations. However, perhaps the secondhand smoke issues are not as clear as we think. Imagine this scenario, a few years from now, on a warm summer’s day…
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Staying Current on Disclosures of Claims

A management company uses a typical online outsourcing company for disclosures both for Civil Code   § 1368, and other disclosure purposes, including lender and escrow certifications.  Included within the disclosures is a question as to whether there is any pending litigation involving the association.

The management company updates the online disclosures monthly.  In between the…
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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 that could dramatically change how many board’s operate. …
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How the First Amendment Impacts What is Said at an HOA Meeting: The Anti-SLAPP Statute

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 exchanges get downright nasty and personal, with all kinds of accusations being made during these emotionally charged meetings.  For…
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Service of Process: Gated Communities Beware

As most litigators will tell you, serving a civil lawsuit on a defendant can often be a challenging task.  Specifically, defendants, especially when they know that they may be the subject of a lawsuit will go to great lengths to attempt to avoid service of process of the Summons and Complaint.  Until the Summons and…
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Why Do Management Companies Do This To Themselves: Ways In Which Managers Create Liability

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, which benefits both the management company and the associations which they manage.  The realization of the need for training and education is…
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Enforcement of View Restrictions: Whose Responsibility Is It and How Far Must (Should) An Association Go?

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 disputes are so heated is because there is tremendous subjectivity in defining a “view,” let alone determining what constitutes a view…
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2011 California Legislative Update

2011 California Legislative Update

AB771 (Butler): Request for Documents/Fees: This law will amend Civil Code Section 1368 and add Section 1368.2. Currently, the Davis-Stirling Common Interest Development Act requires that an owner of a separate interest in a Common Interest Development provide specific documents to prospective purchasers of that property. In addition, homeowners associations are…
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2011 Appellate Case Review

Tesoro del Valle Master Homeowners Association v. Griffin

This case involves the enforcement of architectural restrictions in an association’s governing documents as against proposed installation of solar panels by an owner of a home within a planned unit development.

Griffin was the owner of a home within the Association who submitted an application to be…
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