Articles

CACM Webinar-Operating Rules

David A. Loewenthal
Loewenthal, Hillshafer & Carter, LLP

Wayne Guralnick
Guralnick & Gilliland, LLP

OPENING POLLING QUESTION

What type of manager are you?

Portfolio Manager

On-site Manager


POLLING QUESTION NO. 1

Do you manage at least one account with 500…
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Management Company Liability – How to Avoid the Pitfalls of Liability

Over the past approximately ten (10) years, there has been increasing sophistication and professionalism displayed by most management companies which perform managerial services for common interest developments.

The increasing sophistication and professionalism of management companies has grown out of several competing reasons including, (1) the understanding that managers are viewed by the homeowners Association as…
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2010-2011 Legislative Update

David Loewenthal will be participating as a speaker at the CACM Southern California Law Seminar – January 21, 2011. For information visit:
http://www.cacm.org/southerncalawseminar.aspx

AB2016 (Torres) Common interest developments: requests for notices of default: An act to amend Section 2924b of the Civil Code, relating to common interest developments.

Last date of legislative activity:
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2010 Legislative Update Summary

By Robert D. Hillshafer and David A. Loewenthal

Compared to recent years, 2009 was not a year with dramatic amounts of new or significant legislation or court decisions impacting community associations. The following discusses new laws going into effect in 2010 and court decisions made during 2009.

NEW LAWS EFFECTIVE JANUARY 1, 2010:

Disclosures…
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Uncontested Board of Directors Elections: Do You Really Have to Hold an Election?

Uncontested Board of Directors Elections: Do You Really Have to Hold an Election?

An issue plaguing associations, managers and counsel is whether an association must comply with California Civil Code §1363.03 et. seq., for director elections if the nominations result in an uncontested election. The answer to this question largely depends upon who you ask,…
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Condominium Buyers Beware: Failure to Request Disclosures About the Dveloper and Builder May Cost You Dearly

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 defects and are immune from civil liability for negligent construction, even if the construction was inspected and approved.

Fact:   Developers and…
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The Collection End Game: How To Maximize Recovery, Minimize Costs and Generate Cash Flow

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 collection of Association assessments.  Because Associations operate on a zero based budget, which means that every dollar of assessments is…
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2009 Legislative Update Summary

Overview:

This legislative update is a summary of those state senate and assembly bills (and one federal bill) which were passed by the legislature, signed into law and will most directly affect homeowner and community associations. With this same focus, also summarized here are: bills which were passed and vetoed, but may reappear; as well…
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Summary of 2008 Appellate decisions regarding HOA’s

  1. Harvey v. Landing HOA  162 Cal.App.4th 809

Background:   Condominium homeowner Harvey brought an action for trespass, breach of fiduciary duty and injunctive relief against homeowners’ association, members of homeowners’ association board of directors, and homeowners with attic access. The Superior Court granted summary judgment for defendants. Homeowner appealed.

The Landing is a…
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Neighbor to Neighbor Disputes

The Top Ten List

Homeowners associations, their directors, management companies, lawyers and most importantly, the homeowners themselves can be and frequently are confronted by neighbor to neighbor disputes. If not handled properly, these disputes can get out of control, costing time, money and ultimately impacting the entire association.

This article outlines ten general areas and/or…
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