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So far Peters & Freedman, L.L.P. has created 129 blog entries.

New FHA Guidelines

As our economy continues to suffer from a depressed housing market, the Federal Housing Administration (FHA) has taken steps to address some lenders' concerns.  These modifications affect condominium associations and could provide a benefit to your association.  CAI has prepared a FAQ related to the new announcements.  This FAQ is reprinted below with permission. CAI [...]

By | November 25th, 2009|Cases & Laws, CID News|0 Comments

Enforcement of View Provisions

The issue of view preservation is often a hotly contested subject.  Owners with trees and owners with views are often at odds with one another regarding their respective rights.  This issue is not unique to homeowners associations.  Earlier this year, the city of Encinitas found itself in the middle of this dispute when, after cutting [...]

By | July 14th, 2009|Cases & Laws, CID News|0 Comments

Limiting a Director’s Inspection Rights

The issue of whether a corporate director has the right to inspect documents protected by the attorney-client privilege in a lawsuit the director had filed against the corporation was addressed in the recent case of Tritek Telecom., Inc. v. Sup. Ct. (2009) 169 Cal.App.4th 1385. Tritek, a California corporation, was sued by Mak, a shareholder [...]

By | July 14th, 2009|Cases & Laws, CID News|0 Comments

Remember Your Reserve Funding Plan!

It is that time of year again; time for associations to being preparing their budgets.  Starting on January 1, 2009 associations are now required to also distribute a “reserve funding plan” summary to membership.  Associations are required to have a reserve study completed every three years.  Under Civil Code Section 1365(b) a summary of the [...]

By | July 9th, 2009|Cases & Laws, CID News|0 Comments

Peters & Freedman, L.L.P., Receives Best of Encinitas Award

WASHINGTON D.C., June 8, 2009 -- Peters & Freedman LLP has been selected for the 2009 Best of Encinitas Award in the Local Business category by the U.S. Commerce Association (USCA). The USCA "Best of Local Business" Award Program recognizes outstanding local businesses throughout the country. Each year, the USCA identifies companies that they believe [...]

By | July 1st, 2009|CID News|0 Comments

Access Your Association’s Collections Account at any time!

Peters & Freedman, L.L.P., is pleased to announce a new collections system that will allow every property manager with whom we work to access your association's collections accounts and status reports at any time! With the current state of the economy, collection of assessments has never been more important for every association.  Staying on top [...]

By | May 5th, 2009|CID News|0 Comments

Harassment of Managers – There are Limits!

On March 5, 2009, on behalf of a homeowners association (who requested not to be named in this article), the Law Firm of Peters & Freedman, L.L.P., took a homeowner to trial for Contempt for violating a Civil Restraining Order the Association had previously obtained on behalf of its manager.  Contempt trials are quasi criminal [...]

By | March 10th, 2009|Cases & Laws, CID News, Liability|0 Comments

Revised “Notice-Assessments and Foreclosure”

Existing Civil Code Section 1365.1 requires homeowners associations to distribute a form notice in at least 12 point type entitled “Notice-Assessments and Foreclosure” to each member during the 60 day period immediately preceding the beginning of the association’s fiscal year.  Effective January 1, 2009, the statement must now include additional standard language referring to the [...]

By | February 12th, 2009|Cases & Laws, CID News|0 Comments

Grants for Pool Repairs?

There has been an abundance of discussion in the past few months regarding the Virginia Graeme Baker Pool & Spa Safety Act.  This Federal law obligated every pool within a Common Interest Development to come into compliance regarding their pool drains and pumps by December 19, 2008.  While the method of compliance differs for every [...]

By | January 28th, 2009|Cases & Laws, CID News, Liability, Maintenance|0 Comments

Notice of Trustee’s Deed Upon Sale

California Civil Code Section 2924b was amended effective January 1, 2009, to permit every association within California to record a document requesting a copy of a Trustee’s Deed Upon Sale recorded by anyone authorized to record a Notice of Default against real property.  In most instances this will be a lender who holds a security [...]

By | January 20th, 2009|Cases & Laws, CID News|0 Comments

2009 Legal Guide Now Available!

The 2009 Peters & Freedman, L.L.P., has finished publication of the 2009 Legal Guide.  We now publish Legal Guides in print, on CD and in electronic downloadable format.  By clicking on the link at the top of the right column you can download an electronic copy of the P&F 2009 Legal Guide.  This file will [...]

By | December 29th, 2008|CID News|0 Comments

Case Law Review from 2008

A. PETITION TO AMEND CC&Rs AND BYLAWS CONTAINING A “SUPERMAJORITY” REQUIREMENT AND LEASING RESTRICTIONS 1. Fourth La Costa Condominium Owners Assn. v. Seith, (2008) 159 Cal. App. 4th 563. In 2004, the Fourth La Costa Condominium Owners Association’s (“Association”) Board of Directors desired to restate its CC&Rs and Bylaws to, among other things, bring the [...]

By | December 29th, 2008|Cases & Laws, CID News|0 Comments

New Laws for 2009

The California Legislature sent numerous Assembly and Senate Bills to the Governor’s desk for signature. With the state in a fiscal budgetary crisis, Governor Schwarzenegger kept the Common Interest Development (CID) community in suspense right up until the last day of the 2008 legislative session. The Governor vetoed much of the proposed legislation and signed [...]

By | December 29th, 2008|Cases & Laws, CID News|0 Comments

A small act of kindness goes a long way

Sometimes it is the smallest gestures that make the biggest difference.  With gas prices at an all-time high everyone is feeling the pinch.  The cost of just about everything has increased as a result and most people are having a hard time simply getting to work as a result of the additional gas costs. Rather [...]

By | June 26th, 2008|CID News|0 Comments

The Scope of a Property Manager’s Authority

By: David M. Peters, Esq. It is often said, that the sole duty of a Board of Directors is to protect, maintain and enhance the value of the project. The vast majority of the Homeowners Associations contract and delegate authority to a management company. The Board of Directors typically meet monthly, bimonthly or sometimes even [...]

By | May 8th, 2008|CID News, Liability|0 Comments