SUMMARY OF LEGISLATION EFFECTIVE JANUARY 1, 2012 – Article by The Law Offices of Laura J. Snoke
New Legislation Affecting Community Associations 1. SB 563 Board Meetings This legislation amends sections of, and adds sections to, the Davis-Stirling Common Interest Development Act (The Act), Civil Code sections 1350 et seq. The Act governs all common interest developments in California. Specifically, the legislation amends the following sections of The Act. A. Civil Code … Continue reading
Governor Signs AB 771 (Butler) Into Law Requiring Associations to Itemize and Disclose Fees Charged For Documents To Be Provided to Buyer in Escrow – Article by David C. Swedelson
Assembly Bill 771 (Betsy Butler), which amends Civil Code Section 1368 regarding documents to be provided the buyer in an escrow, was sponsored by the California Association of Realtors and initially sought to place a cap on fees that may be charged by management companies and others who provide documents upon sale or transfer of … Continue reading
Governor Brown Signs SB 563; Say Good-bye to Actions Without a Meeting – Article By David Swedelson
Despite significant industry opposition, the Governor has signed into law amendments to the Davis Stirling Act and specifically Civil Code Section 1363.05, also known as the Common Interest Development Open Meeting Act. Attached is a copy of Civil Code Section 1363.05 with the changes highlighted. Here is the story of how this new law came … Continue reading
Attorney Fees in California Construction Defect Cases What Clients Should Know about Fee Contracts, Referral Fees, And Professional Ethics – Article by by Tyler P. Berding, Esq. and Allison L. Andersen, Esq.
The successful relationship between a client and attorney is built on trust and confidence. The guiding principal is that the client should be able to make informed decisions concerning all matters substantially impacting the client’s case and recovery. The first big question facing the client in a construction defect case is the basis on which … Continue reading
Q & A – HOA Towing Facts – Article by Nick Carroll
Does an H.O.A. need a towing contract? Yes! But it is not really a contract it is a general authorization to allow a tow company to enforce towing of fire lanes and vehicles blocking exit and entrances only. This way the tow company does not need to bother management when they see a vehicle parked in … Continue reading
Assessment Collection in an Economic Crisis – Article By Paul W. Windust, Esq.
California law affecting non-judicial and judicial foreclosure of assessment liens can be complex. Recent legislation illustrates a governmental policy favoring the resolution of many assessment disputes in Small Claims Court. This, coupled with reduction of property values and equity brought on by the current economic crisis and real estate meltdown, can make assessment collection in … Continue reading
California Senate Bill 800: “Groundbreaking” Legislation Concerning Construction Defect Claims – Article by By Greenberg Glusker
Last-minute legislation intended to increase the supply of affordable, multi-family housing in California was signed into law in early October 2002 and will be effective as of January 1, 2003. Crafted as a compromise among developer/builder interests and consumer attorneys, the bill is aimed at reducing the number of construction-defect lawsuits that have been seen … Continue reading
AMENDING GOVERNING DOCUMENTS – IT DOESN’T HAVE TO BE PAINFUL!! – Article by Beth Grimm
Were your governing documents drafted before 1995? Is the Developer out of the project? Do your documents seem to relate to some other association? Are some of the provisions absurd, obsolete or unenforceable? Are your CC&Rs impossible to understand? To interpret? Are you baffled by your Bylaws? Are there conflicting provisions in your documents? Discriminatory … Continue reading
I still owe HOA Fees after I filed Bankruptcy and Surrendered my Home? – Article written by Michael G. Doan
Technically yes. Debtors are frequently surprised to find that they are still personally liable for HOA fees after filing for bankruptcy, even though they have moved out and for all intents and purposes made known their intent in the bankruptcy that they are surrendering their property back to the bank. Such liability is the result … Continue reading
May an HOA Board Take Action Without A Meeting? – Article by BETH A GRIMM, P.L.C.
A reader asked me if an HOA Board can take action without a Board meeting, and then proceeded to tell me what other attorneys say about it. What I got was that attorneys apparently do not agree on the subject. (What a surprise?) My take on it is that Board’s sometimes need to take an … Continue reading
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