Peters & Freedman, L.L.P.


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Summary of New Laws Effective on Januay 1, 1998

- By David M. Peters, Esq. (originally published in January, 1998) During the 1997 Session, the California Legislature was not nearly as prolific as it has been in previous years in enacting legislation that affects homeowners associations. However, the following is a summary of some of the pertinent laws that were passed regarding homeowners associations [...]

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

Have a Minute? The Do’s and Dont’s of Recording Minutes

- By Laurie F. Masotto, Esq. (originally published in January 1998) There is no doubt that a homeowners association is required to keep written minutes of the proceedings of its members, the board of directors, and its committees. (Corporations Code Section 8320.) The issue that often causes confusion is what should be included in the [...]

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

Law Prohibiting Smoking in Bars to Take Effect January 1, 1998

(originally published in October, 1997) California Labor Code §6404.5 was effective in 1996, which prohibits smoking of tobacco products in enclosed "places of employment". Under this law, bars, taverns and gaming clubs were considered exempt from the ban on smoking, until January 1, 1998, or until OSHA or the EPA adopts regulations reducing the level [...]

By | May 23rd, 2007|CID News|0 Comments

A Slam Dunk Win for an Association’s Enforcement of Basketball Hoop Rule

- By Gary M. Letchinger, Esq. (originally published in October, 1997) One issue that has been the subject of inquiry from associations this year has been the enforceability of provisions regarding basketball hoops. We recently represented an association that sought to enforce a restriction in their Rules and Regulations regarding basketball hoops. The Rules state [...]

Being Fair When Collecting Assessments

- By Laurie F. Masotto, Esq. (originally published in October, 1997) In a recent case, a California Appellate Court determined that homeowners associations are required to comply with the Federal Fair Debt Collection Practices Act ("the Act") when collecting assessments. In Thies v. The Law Offices of William A. Wyman, decided in July, 1997, a [...]

By | May 23rd, 2007|Assessments, Cases & Laws|0 Comments

The Secret Life of Association Records: A Note on Member’s Right to Inspect/Copy Documents

- By Laurie F. Masotto, Esq. (originally published in July, 1997) You receive a letter from a homeowner asking for the following records: "I think we are paying too much for landscaping, I want to see the contract. I also want to look at every check and invoice paid to this vendor for the past [...]

By | May 23rd, 2007|CID News|0 Comments

Assessment Collection Corner

- By Jeffrey R. Pratt, Esq. (originally published, July, 1997) It's true, the law does work in the real world, and we have proof! In our January 1995 issue, Laurie S. Poole, Esq. wrote a column about Park Place Estates Homeowners Association, Inc. v. Naber (1994) 29 Cal.App.4th 427, wherein the Court held that the [...]

By | May 23rd, 2007|Assessments, Cases & Laws|0 Comments

Golf – A Contact Sport??

(originally published in July, 1997) Recently a California Appellate Court held that absent outright reckless conduct, golfers assume a risk that they will be hit by errant golf balls, and there is no legal duty to protect other co-participants against this inherent risk. (Dilger v. Moyles (1997) 63 Cal.Rptr.2d 591. Ms. Dorothy Dilger and her [...]

By | May 23rd, 2007|Cases & Laws, CID News|0 Comments


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By | May 22nd, 2007|Uncategorized|0 Comments

Never Say Reconvene Again!

(originally published in July of 1997) In our representation of homeowner associations,the following is a common scenario: It is the annual meeting of the Harmony Homeowners Association. Present are the 11 members of the Board of Directors, the management representative, the Association’s legal counsel, CPA, landscape maintenance contractor, and building consultant. Out of the 100 [...]

By | May 22nd, 2007|CID News, Meetings|0 Comments