Peters & Freedman, L.L.P.

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Legislative Update

(originally published in October 1999) As most of you probably already know, two items of legislation, the "Pet Bill" which would provide that governing documents could not prohibit an owner in a common interest development from keeping a pet within the development under certain circumstances, and the "Forced Entry Bill" which would prohibit associations from [...]

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

Election Campaign Flyers Held Not Libelous to Association

- By Laurie S. Poole, Esq. (originally published in October 1999) A California appellate court recently determined that cam-paign flyers distributed by two owners were not libelous against an association. In Palm Springs Tennis Club v. Rangel, Plaintiff, Palm Springs Tennis Club ("PSTC"), a non-profit corporation that operates a timeshare resort, sued one of its [...]

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

Association’s Going “High Tech” (Part 1 of a 2-part Series)

- By Laurie F. Masotto, Esq. (originally published in October 1999) You see it everywhere. Every-one, and everything, it seems, has gone "high tech." Today, much of our communication is via the internet, e-mail, conference calls, satellite broadcasting, etc. Just how home-owner associations can become a part of today's "high tech" world without jeopardizing private [...]

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

California Supreme Court Adopts “Judicial Deference” Rule in Challenges to Board Decisions

- By Simon J. Freedman,Esq. (originally published in October 1999) In August of this year, the California Supreme Court adopted a standard of "judicial deference" to be used when challenging decisions made by a Homeowner Association's Board of Directors regarding maintenance of common areas. In Lamden v. La Jolla Shores Clubdominium Homeowners Association, owner Gertrude [...]

The Bankrupcty Epidemic: Is There Light at the End of the Tunnel?

- By Steven Kirkland, Esq. (originally published in July 1999) With the continuous rise of bankruptcy filings, those of us involved in collection of homeowners’ assessments are all too familiar with the effect a bankruptcy discharge order has on the ability to collect assessments that were delinquent when the homeowner filed for bankruptcy protection. The [...]

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

So What Exactly is a “Governing Document” Anyway?

- By James R. McCormick, Jr., Esq. (originally published in July 1999) A Governing Document is defined in California 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 the common interest development or [...]

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

Committee Corner

(originally published in April 1999) Committees are a valuable tool for boards of directors because they allow boards to delegate authority and obtain assistance from other members of the community on a variety of matters. Some committees are created in the governing documents. Most often these include Architectural Committees and Nominating Committees. Because these committees [...]

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

Suggestions on How to Streamline Assessment Collections

- By James R. McCormick, Jr., Esq. (originally published in April 1999) A reasonable assessment collections policy is an important tool for boards of directors to utilize in fulfilling the financial obligations of their association. However, many associations still maintain an inefficient system by requiring the full board to make routine decisions and grant routine [...]

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

ADR 101

- By Mark T. Guithues, Esq. (originally published in April 1999) Many Board Members are aware that before bringing an action against a homeowner, they are generally required by law to offer that homeowner the opportunity to mediate or arbitrate. This article will provide you with an outline of the requirements, choices and expenses related [...]

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

The Heat is On: Omega Fire Sprinklers Recalled

- By Laurie F. Masotto, Esq. (originally published April 1999) The Consumer Product Safety Commission (CPSC) recently put the heat on Central Sprinkler by announcing the recall of Omega brand fire sprinklers. This breakthrough comes in connection with two class action lawsuits filed against Central Sprinkler for defective sprinklers that could likely fail in a [...]

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

Satellite Update

- By James R. McCormick, Jr., Esq. (originally published in January 1999) As predicted in our previous newsletter, the FCC has issued a further Order (FCC 98-273) regarding the installation, maintenance and use of “covered antennas” in common interest developments. To recap, the FCC rule limits many restrictions on the installation, maintenance or use of [...]

HOA Board of Directors Orientation – What is it, Exactly, that I am Supposed to do?

- By Susan K. Stewart, Esq. (originally published in January 1999) Homeowners who serve on their association’s board of directors typically do so for the best of all reasons: they want to participate in their community and make a meaningful contribution. Unfortunately, new board members are often not sure what is expected of them. The [...]

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

Cherished Belongings or Hazardous Junk?

- By Laurie S. Poole, Esq. (originally published in January 1999) The issue of how much a homeowners association can control the inside of an owner’s separate interest was raised in the recent appellate court decision, Cunningham v. Superior Court (1998) 67 Cal. App. 4th 743. The case began when the association inspected the owner’s [...]

Summary of New Laws Affecting Homeowners Association, Effective January 1, 1999

- By David M. Peters, Esq. (originally published in January 1999) The 1998 legislative session did not result in the enactment of an abundance of new laws affecting homeowners associations. However, the following are some of the new laws that were enacted which directly, or indirectly, impact our communities. Unless otherwise provided, these laws became [...]

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

California Supreme Court Grants Review of the Aas Decision

(originally published in October 1998) The recent Aas decision has been construed by many defense attorneys as precluding associations from obtaining judgments against developers absent a showing of "resultant damage." For example, the argument is that if a fire stop is not present in a unit, the association cannot recover from the developer for lack [...]

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