Questions Left Hanging After New Right to Dry Law

By Laurie F. Masotto, Esq. of Peters & Freedman L.L.P. In a continuing effort by the California legislature to promote and encourage energy-savings measures, a new law has been adopted which prevents homeowners associations from prohibiting or unreasonably restricting the use of clotheslines in certain circumstances to air dry laundry. For some, this new law [...]

Lions at the Gate: an ARC Reviews an Application under new California code requirements

by: Johanna R. Deleissegues, Esq. (originally published Fall 2006) The Utopia Homeowners Association has over 1000 homes and is located in California.  The Utopia Architectural Review Committee (“ARC”) is a separate committee from the Association’s Board of Directors.  The Board and the ARC strive to maintain the highest aesthetic standards for the young community.  The [...]

New Laws Affecting Associations

(originally published in Winter 2005) The California legislature has enacted several new laws and amended many existing laws relating to common interest developments. Associations are now required to follow a new informal dispute resolution procedure before they may resort to the existing Alternative Dispute Resolution (“ADR”) process identified in Civil Code section 1354 (Moved to [...]

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

Court Backs Architectural Committee Discretion

- By Mark T. Guithues, Esq. (originally published in Fall 2000) One of the most important issues homeowners face while living in a common interest development is obtaining approval from the association's board and/or architectural committee regarding installation of improvements on their property. A recent California appellate court addressed the reasonableness of recorded covenants and [...]

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 [...]

Dishes, Dishes Everywhere and Not a Bite to Eat!

- By James R. McCormick, Jr., Esq. (originally published in October 1998) What's round, less than a meter in diameter, and can be installed by an owner in a variety of places within the project with little or no Association regulation or interference? No, it's not the latest beanie baby, it's a satellite dish, or [...]

Who’s to say what’s Aesthetically Pleasing: Homeowner Associations?

- By James R. McCormick, Jr., Esq. (originally published in January, 1998) A recent California case seems to say yes. The court in Kucera v. Lizza (1997) 97 D.A.R. 14787 recognized the ability of local municipalities to enact ordinances that are based purely on aesthetic consi-derations. While not directly applying to homeowners associations, other cases [...]