Cases & Laws

Electronic Spying, Satellite Surveillance & Drones

By Stephen M. Kirkland, Esq. Originally Published March, 2015 Science fiction! Actually not. Over the last several years, technology available to the homeowners association has exponentially grown.  Drones have become the proverbial “Soup de Jour.”  An increasing numbers of homeowners associations use drones to inspect common areas, architectural improvements, combustibles on balconies in high rises, etc. Is this [...]

By | February 3rd, 2017|Cases & Laws, CID News, Enforcement, Liability, News & Press|0 Comments

2016 Legal Guide Now Available!

Hot off the press is our 2016 Legal Guide, full of new laws, recent cases, tips, hints and checklists.  We are in the process of dropping boxes of books off to our clients over the next week. If you have not yet received your physical copy and you would like one, please let us know.  [...]

By | December 16th, 2015|Cases & Laws, CID News|0 Comments

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 [...]

Assessment Collections in the Wake of the Huntington Case

By: Christina Baine DeJardin Collecting assessments has never been an easy job.  There are pitfalls lurking around every corner and innumerable requirements waiting to be missed.  To ensure a clean foreclosure process, extreme diligence and care must be taken.  In the wake of the Huntington Continental Townhouse Association, Inc. v. Miner case, this job just [...]

New Law – No Fines on Members During Drought – Effective Immediately!

Effective Monday, July 21, 2014, a homeowners association is no longer allowed to impose fines against members who reduce watering their lawns during a declared state of emergency due to drought, despite any provision in the association's governing documents to the contrary. Record low rainfall has prompted Governor Jerry Brown to declare a state of [...]

P&F Legal Guide App now available!

For the past 20 years we've been publishing an annual Legal Guide and so many of you have used them and abused them.  You've highlighted them, tabbed them and taken them with you to meetings. If you have an iOS device, you can now take our Legal Guide App with you everywhere!  Download it now! [...]

By | June 16th, 2014|Cases & Laws, CID News|0 Comments

2014 Legal Guide Now Available!

In the event you have missed the news, the Davis-Stirling Common Interest Development Act was revamped last year and went into effect with all new code sections on January 1, 2014.  There was also a new Act adopted to govern commercial developments. We have updated our Legal Guide to include all of the new changes [...]

By | January 6th, 2014|Cases & Laws, CID News|0 Comments

Man’s Best Friend: Requests for Exemption From Pet Rules Under the ADA and FHA

Associations are sometimes faced with a request by a resident for an exemption from a rule limiting or restricting animals to accommodate the resident's disability.  The use of an animal to assist a person with a disability may involve issues under the American with Disabilities Act (ADA), the Federal Fair Housing Act (FHA), and state [...]

By | August 13th, 2013|Cases & Laws, CID News, Enforcement, Liability|0 Comments

Upcoming Webinar

Laurie Poole and Tracy Fuller Linkowski will be speaking at CACM’s upcoming Attorney Webinar Connection Series this June dealing with the New Davis-Stirling Act.  All community managers are invited to attend.  Learn more and register here: http://www.cacm.org/what-we-offer/education/distance-learning/webinars.html.

By | March 22nd, 2013|Cases & Laws, CID News|0 Comments

Smoking ban in California’s future?

NEWS FLASH! On February 21, 2013,  the California legislature proposed a state law that, if enacted, would prohibit smoking inside the dwelling units of those communities that contain 2 or more units with one or more shared walls, floors, ceilings, or ventilation systems..  The proposed legislation, AB 746, can be found at:  http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0701-0750/ab_746_bill_20130221_introduced.htm If this [...]

New Rental Prohibition Law May Require Action Right Now!

The California Legislature adopted a new law regarding leasing restrictions within common interest developments.  Senate Bill 150 will go into effect on January 1, 2012 and adds Civil Code Section 1360.2 to the Davis-Stirling Common Interest Development Act. Beginning January 12, 2012, any new governing documents (e.g., CC&Rs, Bylaws or Rules and  Regulations) or any [...]

By | August 8th, 2011|Cases & Laws, CID News, Enforcement|0 Comments

Procedural Challenges to CC&R Amendments Must be Brought Within Four Years

Our law firm worked with the Costa Serena Architectural Committee in amending and extending its recorded Declaration of Restrictions (“DoRs”).  This process was the subject of a recent Court of Appeal decision.  The case of Costa Serena Owners Coalition v. Costa Serena Architectural Committee, 2009 Lexis Cal. App. 1165 contains important rulings for all California [...]

By | January 11th, 2011|Cases & Laws, CID News, Enforcement|0 Comments

California Case Law

Peters & Freedman L.L.P. has been directly involved in developing significant California caselaw regarding amending governing documents.  Our firm restated the CC&Rs and Bylaws and was trial counsel in the Superior Court proceedings which were the subject of Fourth La Costa v. Seith (2008) 159 Cal. App. 4th 563.  Peters & Freedman, L.L.P. was also [...]

By | January 11th, 2011|Cases & Laws, CID News|0 Comments

2011 Legal Guide Now Available!

Welcome to the 2011 world of Common Interest Development Law!  Many of you have enjoyed our printed Legal Guides over the years.  For several years we have offered our Legal Guide both in CD format and in a digital download format.  Please feel free to download our 2011 Legal Guide from the link in the [...]

By | December 13th, 2010|Cases & Laws, CID News|0 Comments

The Digital Version of the 2010 Legal Guide is Now Available

Many of you have enjoyed our published Legal Guides over the years.  Over the prior few years we have offered our Legal Guide both in CD format but also in a digital download format.  We offer this digital download format again this year and it can be downloaded from the link in the right column [...]

By | January 8th, 2010|Cases & Laws, CID News|0 Comments