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

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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    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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    Davis-Stirling Act Alert

    Alert: Effective January 1, 2014, the newly recodified Davis-Stirling Act will take effect.

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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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    “Civil Code Section 1365.05 – The Open Meeting Act: Where Are We Now?”

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

    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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    “Why Do Management Companies Do This To Themselves? Ways In Which Managers Create Liability”

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

    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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