Monthly Archives: May 2007

Insurance Crisis: Are we out of the “Water” yet?

(originally published in Summer 2003) Given the past few years, it is safe to say that anyone who is associated with owners associations and condominiums in particular, is familiar with the ongoing “insurance crisis.” Many associations face premiums that skyrocketed over two to three hundred percent. Other associations have been dropped altogether by their insurance [...]

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

Legislative Update: Bills that Might Affect Your Association

- By Steven R. Napoles, Esq. (originally published in Summer 2002) Ahhh . . . summer is in the air. . . sunny skies, lazy days, and the legislature busily reviewing and editing its latest crop of bills. This year’s bills cover everything from construction contracts to political advertisements within mobile home parks. Several of [...]

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

Judicial Determination of an Association’s Disclosure Obligations

- By Stephen M. Kirkland, Esq. (originally published in Summer 2003) In the recent decision of Ostayan v. Nordhoff Townhomes Homeowners Association, Inc., the California Court of Appeals held that the Association did not have a duty to notify its members of the filing of bad faith insurance action against the Association’s insurance carrier, based [...]

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

New Laws for New Homes with Construction Problems

- By Michael G. Kim, Esq. (originally published in Winter 2002) On September 20, 2002, Governor Gray Davis signed into law SB800, also known as the "Fix-It Bill." At the outset, it is important to recognize that SB800 only applies to homes first sold in California after January 1, 2003. This means that for homes [...]

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

Summary of New Laws Impacting Homeowners Associations

- By David M. Peters, Esq. (originally published in Winter 2003) In stark contrast to last year, the 2002 Legislative session resulted in many new laws regarding Common Interest Developments. The following is a summary of the new laws that took effect on January 1, 2003. This summary covers the most relevant changes. For a [...]

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

New Laws Affect Executive Session Minutes

- By Laurie S. Poole, Esq. (originally published in Fall 2002) California Civil Code Section 1363.05, known as the "Common Interest Development Open Meeting Act," addresses the issue of executive sessions and minutes of those meetings. Under Civil Code Section 1363.05(b), all board meetings are open to the homeowners except when the board adjourns into [...]

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

Arbitration of Construction Defect Claims Likely to Increase

- By Michael G. Kim, Esq. (originally published in Fall 2002) Our legal system provides an orderly process designed to resolve disputes. The most distinguishing features of our legal system are the right to due process and the various procedures whereby one party to a dispute can discover, or learn, what evidence the other side [...]

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

Mold Bill Keeps on Growing

(originally published in Fall 2002) The California State Senate has recently been debating a bill that would affect insurance coverage for mold damage. In February 2002, a bill was introduced in the Senate that would require property or liability insurance policies issued, amended, or renewed after January 1, 2003, to cover mold as an ensuing [...]

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

Judicial Deference Extended to Rules and Regulations

- By Steven R. Napoles, Esq. (originally published in Fall 2002) In 1994, the California Supreme Court decision of Nahrstedt v. Lake Village Condominium Association, granted wide judicial deference to recorded CC&Rs of common interest developments. In the wake of Nahrstedt, the question arose as to whether CC&R restrictions and unrecorded rules and regulations subsequently [...]

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

Sitting Judges are Not Private Arbitrators

- By Mark T. Guithues, Esq. (originally published in Summer 2002) Alternative Dispute Resolution ("ADR") is a well known process to most associations in California. Civil Code Section 1354 requires associations or owners to offer some form of ADR prior to filing a lawsuit for enforcement of an association's governing documents. ADR can take the [...]

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

New Law About Flag Flying

- By Laurie F. Masotto, Esq. (originally published in Summer 2002) In response to many homeowners' desire to demonstrate their patriotism after September 11th by flying the U.S. flag, a new law has been passed that prevents common interest developments from limiting or prohibiting flying the U.S. flag. This was apparently due to complaints that [...]

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

Attorney Fees Recoverable in Board Election Challenge

- By Stephen M. Kirkland, Esq. (originally published in Summer 2002) Election challenges are currently a hot topic in American politics. One need only look to the year 2000 presidential election/voting issues in Florida to note that contested elections give rise to a storm of political debates. Even community associations are not exempt from these [...]

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

Is it Really a Binding Arbitration?

- By Mark T. Guithues, Esq. (originally published in Summer 2002) California Civil Code Section 1354 requires, in certain circumstances, prior to initiating legal action to enforce the governing documents of a homeowners association, the parties to offer some form of Alternative Dispute Resolution ("ADR"). One such form of ADR is arbitration, which can be [...]

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

Assessment Collection Updates: Assembly Bill 2289

- By Stephen M. Kirkland, Esq. (originally published in Summer 2002) As promised, we are providing you an update on the status of Assembly Bill 2289 which seeks to amend various sections of the Davis-Stirling Common Interest Development Act as they relate to collection of assessments. First, the good news: As reported in our last [...]

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

License and Maintenance Agreements

- By Laurie S. Poole, Esq. (originally published in Spring 2002) Our office receives many questions regarding license and maintenance agreements. The use of these types of legal documents can be confusing; however, under the appropriate circumstances, they can be a useful asset to homeowners associations. The following are answers to questions we frequently receive [...]