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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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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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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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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Recently there has been significant discussion of and movement toward modification of homeowner and community association voting processes. Much of the focus of these activities has centered on efforts to make elections easier by eliminating quorum requirements through a Bylaw amendment.  It has been suggested that eliminating quorum will help to avoid the problem of membership…
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Golf Course Developments: Tee’d Off Owners, How Do We Limit Exposure?

You are enjoying your morning coffee looking out over the beauty of a dewcovered fairway from the serenity of your home when “bam,” a golf ball careens off your sliding glass door or your roof. Your magic moment is destroyed and your blood pressure…
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