Monthly Archives: May 2007

Pending Legislation Regarding Non-Judicial Foreclosures and Executive Session Meetings

- By Stephen M. Kirkland, Esq. (originally published in Spring 2002) ASSEMBLY BILL 2289 Homeowners' assessments are the lifeblood of any common interest development providing an association with 'income' by which to meet its obligations under the governing documents. However, virtually everyone involved with the management or operation of homeowners associations has encountered the problem [...]

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

Back to the Basics: Conducting Association Business (Meetings, Minutes and Records)

- By Mark T. Guithues, Esq. (originally published in Spring 2002) For those of you who are new to serving on a board of directors of a homeowners association and, yes, even those of you who have served for many years, it is important to review and understand the basics of conducting association business. The [...]

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

Review of Recent Court Cases

- By Simon J. Freedman, Esq. (originally published in Winter 2002) A. FREE SPEECH AND HOMEOWNERS ASSOCIATIONS 1. Damon v. Ocean Hills Journalism Club (2000) 85 Cal. App. 4th 468. Inherent in our national identity is the right of freedom of speech. The right to speak freely about topics of our choosing is of paramount [...]

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

Summary of New Laws Impacting Homeowners Associations

- By David M. Peters, Esq. (originally published in Winter 2002) This past Legislative session did not result in many new laws regarding Common Interest Developments. In fact, the Legislature adopted only two bills affecting the Davis-Stirling Common Interest Development Act. One bill substantively changed Civil Code Section 1375 and added Civil Code Section 1375.05, [...]

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

Don’t Cash That Check!

- By Mark T. Guithues, Esq. (originally published in Fall 2001) Associations regularly face underhanded dealings by owners. Unfortunately, owners often attempt to try "every trick in the books" to avoid paying assessments. One method which is somewhat regularly attempted is to send in a partial payment (e.g. assessments only, without late fees or legal [...]

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

Virginia Bankruptcy Court Addresses Homeowner Association’s Motion for Relief from Automatic Stay

- By Laurie S. Poole, Esq., and Jennifer Todd (originally published in Fall 2001) In all bankruptcy cases, the debtor is required to pay his or her homeowner association assessments that become due and owing after the date of the filing of the bankruptcy (also known as "post- petition" assessments). Many times, owners that file [...]

Assessment Refresher of the Month: Pre-Lien Warning Letters

- By Steven R. Napoles, Esq. (originally published in Fall 2001) The pre-lien warning letter is often the last step in an Association's collection efforts before collection is turned over to the attorney. If done properly, the pre-lien letter can be an effective tool to collect from delinquent homeowners without experiencing the time and headaches [...]

Assessment Collection Corner

- By Laurie S. Poole, Esq. & Jennifer Todd (originally published in Summer 2001) The most commonly asked questions by association boards of directors when a homeowner files bankruptcy are (1) what is the difference between Chapter 7 and Chapter 13 bankruptcy cases and (2) how is our association affected. The differences between the two [...]

By | May 25th, 2007|Assessments, Enforcement|0 Comments

There’s Nothing “Fair” About It!

- By Laurie S. Poole, Esq. (originally published in Summer 2001) Allegations that a homeowners association and its management company violated the Federal Fair Housing Act ("FHA") by condoning and participating in harassment towards a disabled resident was the subject of a recent Federal court decision in Illinois. In Scialabba v. Sierra Blanca Condominium Number [...]

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

Problems with Defective Hardwood Siding

- By Laurie F. Masotto, Esq. (originally published in Summer 2001) At least two manufacturers of hardboard siding used on the construction of homes are involved in class action lawsuits for which class members may be entitled to payment for damages associated with their products. The claims involve defects such as buckling, deterioration, discoloration, swelling, [...]

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

Have you been “SLAPPed” Lately?

   - By James R. McCormick, Jr., Esq. (originally published in Summer 2001) In the Peters & Freedman, L.L.P.'s Spring, 2001 newsletter, we reported on the case of Damon v. Ocean Hills Journalism Club, involving an association's successful dismissal of a defamation lawsuit brought by a former property manager. The lawsuit was dismissed because it [...]

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

Court Rules on Scope of Director Coverage Under Commercial Liability Policies

- By Steven R. Napoles, Esq. (originally published in Summer 2001) Congratulations! You have just been elected to serve on the board of your homeowners association. You must now be thinking about the following issues: What sorts of activities are within the duties of an officer or director in the context of a homeowners association? [...]

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

New Insurance Code Requirements for Independent Contractors

- By Steven R. Napoles, Esq. (originally published in Spring 2001) Newly adopted California Insurance Code Section1088.8 (effective January 1, 2001) requires that certain entities and individuals report information regarding services provided by independent contractors to California's Employment Development Department ("EDD"). Under the new law, "service recipients" who file tax returns under Paragraph A of [...]

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

Freedom of Speech and Association Self-Governance

- By Jeffrey R. Pratt, Esq. (originally published in Spring 2001) Even though we all know that nothing in this world is truly free, the right to speak freely about topics of our choosing is of paramount importance to us all and an essential foundation to our form of government, as boldly stated in stated [...]

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

Safety Alert: Warning of Defective Furnaces in California Homes

- By Steven R. Napoles, Esq. (originally published in Winter 2001) In September, 2000, the Consumer Products Safety Commission (CPSC) issued a warning for 190,000 furnaces sold in California from 1983 to 1994. The CPSC warning covers gas-fired horizontal forced-air furnaces manufactured by Consolidated Industries (formerly known as Premier Furnace Company). The warning specifically focuses [...]

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