Monthly Archives: May 2007

State Court is Proper Venue for Satellite Disputes

(originally published in Winter 2005) Opera Plaza Residential Parcel Homeowners Association v. Hoang, 376 F.2d 831 (9th Cir. 2004) In Opera Plaza Residential Parcel Homeowners Association v. Hoang, the Ninth Circuit Court of Appeal held that federal courts do not have jurisdiction over cases in which a condominium homeowners association sues to enforce its rules [...]

By | May 25th, 2007|CID News, Enforcement|0 Comments

Attorney’s Fees Authorized Against Association That Fails to Produce Minutes and Records

(originally published in Winter 2002) Moran v. Oso Valley Greenbelt Association (2004) 117 Cal.App.4th 1029. The California Court of Appeal recently ruled on the issue of whether attorneys fees should be awarded where the prevailing homeowner did not incur any attorneys fees and where the homeowners association satisfied the claim before the lawsuit proceeded to [...]

By | May 25th, 2007|Cases & Laws, CID News, Enforcement|0 Comments

Individual Insurance Coverage Requirements May be Implied by Governing Documents

(originally published in Winter 2005) Palacin v. Allstate Insurance Company (2004) 119 Cal.App.4th 855. California case law generally provides that because individual owners pay for association insurance through their assessments, they are entitled to whatever insurance coverage is available under the association’s master policy subject to the policy’s deductible. The master policy is considered primary, [...]

By | May 25th, 2007|Cases & Laws, Enforcement, Liability|0 Comments

Association Not Obligated to Enforce its Documents for “Suspected” Violations

(originally published in Winter 2005) Titus v. Barton Protective Services, Inc. (2004) 118 Cal.App.4th 906. In Titus v. Barton Protective Services, Inc. (2004) 118 Cal.App.4th 906, the Court of Appeal held that although an association’s Covenants, Conditions and Restrictions (“CC&Rs”) give the association the authority to make arrests and detain individuals for violating the governing [...]

Marital Status is Not Protected Class Under Unruh Act *

(originally published in Winter 2005) Koebke v. Bernardo Heights Country Club – Superseded by grant of review – not citable (2004) 116 Cal. App. 4th 791. *Please note that this case has been granted review by the California Supreme Court, and cannot be cited as good case law. Please watch our quarterly newsletter for updates [...]

Case Must be One to “Enforce” The Governing Documents for Attorney’s Fee Award

(originally published in Winter 2005) Salawy v. Ocean Towers Housing Corporation (2004) 121 Cal.App.4th 664. It is well established that in an action to enforce the governing documents of a common interest development, the prevailing party is entitled to reasonable attorneys fees pursuant to California Civil Code section 1354(f) [now 1354(c)]. In Salawy v. Ocean [...]

By | May 25th, 2007|Cases & Laws, CID News, Enforcement|0 Comments

Standard for Review of Unrecorded Guidelines is Whether they are Reasonable when Applied to the Project as a Whole

(originally published in Winter 2005) Rancho Santa Fe Association v. Dolan-King (Dolan-King II) (2004) 115 Cal.App.4th 28. When disputes arise regarding an individual owner’s architectural improvement application to make modifications to his/her residence, quite often the primary issue of the dispute involves the application of the association’s architectural guidelines to that individual owner. For the [...]

By | May 25th, 2007|Cases & Laws, CID News, Enforcement|0 Comments

New Laws Affecting Associations

(originally published in Winter 2005) The California legislature has enacted several new laws and amended many existing laws relating to common interest developments. Associations are now required to follow a new informal dispute resolution procedure before they may resort to the existing Alternative Dispute Resolution (“ADR”) process identified in Civil Code section 1354 (Moved to [...]

By | May 25th, 2007|Architectural, Cases & Laws|0 Comments

Who is a “Prevailing Party”

(originally published in Spring 2004) The California Court of Appeals recently held in Parrott v. The Mooring Townhomes Association, that trial courts can determine who the "prevailing party" is for the purpose of awarding attorney fees after a case has already been dismissed. The defendant Association in this case asked homeowners to approve a special [...]

By | May 25th, 2007|Cases & Laws, Enforcement, Liability|0 Comments

Privacy in Associations

(originally published Spring 2004) The Court of Appeals in Koebke vs. Bernardo Heights Country Club recently addressed the question, whether or not a private country club may limit its membership privileges to spouses of the opposite sex. This case involved a lesbian couple who are registered as domestic partners under California law. The couple brought [...]

By | May 25th, 2007|Cases & Laws, Enforcement, Liability|0 Comments

New Laws Effective January 2003

(originally published Spring 2003) In January 2003, pursuant to Assembly Bill 2289, several new laws came into effect in relation to the collection of delinquent assessments. In addition to the federal Fair Debt Collection Practices Act (FDCPA), Senate Bill 1022, which now adds new Civil Code 1812.700, requires any third party who acts as debt [...]

An Occasion to Ask “How Old Are You?”

- By Laurie F. Masotto, Esq. (originally published in Fall 2003) In order to continue to qualify as a community to be occupied by persons 55 years of age and older, the community must be able to produce verification of compliance by “reliable surveys and affidavits” that the persons occupying the property meet the age [...]

By | May 25th, 2007|Cases & Laws, CID News, Enforcement|0 Comments

New Direction from Court of Appeal on Service of ADR Request Under Civil Code section 1354

- By Steven R. Napoles, Esq. and Christina Baine DeJardin (originally published in Fall 2003) In August of 2003, associations received further guidance from the California Court of Appeal, Second Appellate District, regarding requirements for service of a Request for Resolution by Alternative Dispute Resolution (“ADR”) pursuant to Civil Code section 1354. Civil Code section [...]

By | May 25th, 2007|Cases & Laws, Enforcement|0 Comments

Construction Defect Claims Must be Filed Within ten Years

- By Michael G. Kim, Esq. (originally published in Fall 2003) California law provides various time limits, or statutes of limitation, within which a person, or a homeowners’ association, can sue for construction defects. Generally speaking, if a construction defect is “patent,” or readily apparent to the naked eye, a homeowner or homeowners’ association has [...]

By | May 25th, 2007|Cases & Laws, CID News, Maintenance|0 Comments

Governing Documents

Owners often ask the question: What is a governing document? Technically, a “governing document” is defined by Civil Code section 1351(j) as “the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, which govern the operation” of an association. For most associations, these documents [...]

By | May 25th, 2007|Cases & Laws, CID News|0 Comments