Articles

“THE RIGHT TO INSPECT VERSUS ATTORNEY- CLIENT PRIVILEGE”

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

LHC Newsletter Vol 3, No. 1

“THE RIGHT TO INSPECT VERSUS ATTORNEY- CLIENT PRIVILEGE”

 

A significant new opinion issued January 7, 2009 by the Fourth District Court of Appeal directly impacts all homeowners association Boards of Directors. In Tritek Telecom, Inc. v. Superior Court, — Cal.Rptr.3d —-, 2009 WL 32861 (Cal.App. 4 Dist.), 09…
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“Reserve Studies – 2009 will Usher in Serious Changes”

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

LHC Newsletter Vol. 2, No. 6

“Reserve Studies – 2009 will usher in serious changes”

By David A. Loewenthal, Esq.

As of January 1, 2009, the calculation and disclosure requirements for reserve funding plans are changing greatly. However, the implications of some of these changes are not entirely clear. What is clear is…
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“Special Issue: Disaster Planning and Recovery”

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

LHC Newsletter Vol. 2, No. 5

“Special Issue: Disaster Planning and Recovery”

Introduction:

Over recent months, a variety of disasters have taken place here in California, across the U.S. and throughout the world which should concern us all. Whether it’s earthquakes, fires or even man-made calamities; these events challenge us all to be prepared. In…
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“The Risk of Deferred Maintenance, Pay Now or Pay More Later”

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

LHC Newsletter Vol. 2, No. 3

“The Risk of Deferred Maintenance, Pay Now or Pay More Later”

By David A. Loewenthal,Esq

Common interest developments – CID’s (e.g.: planned unit developments, condominiums, or cooperatives) have proliferated greatly over the past 30 to 40 years throughout California and the U.S. Whatever one’s feelings about living in a…
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“2007 Year in Review”

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

LHC Newsletter Vol. 2, No. 2 – Special Edition

“2007 Year in Review”

 

During 2007, our firm represented a large number of clients in highly significant cases. Summaries of several of those cases are provided here on an informational basis for your review. Should you have any questions or wish to discuss similar matters,…
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“CONFIDENTIAL COMMUNICATIONS: What every manager and board member should know about the attorney-client privilege.”

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

LHC Newsletter Vol. 2, No. 1

“CONFIDENTIAL COMMUNICATIONS: What every manager and board member should know about the attorney-client privilege.”

What is the “attorney-client privilege?” Most have obtained their knowledge regarding the privilege from watching TV – that is, discussions between clients and their attorneys are confidential and not to be divulged to third parties…
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“Increases in Foreclosures: Boards Must Be Ready to Act”

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

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

August 29, 2013 by Kevin P. Carter, Esq.

(“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

December 17, 2012 by Loewenthal, Hillshafer & Carter, LLP

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?

October 9, 2012 by Loewenthal, Hillshafer & Carter, LLP

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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