Cases & Laws

Is Your Association A Private Security Employer?

The answer to this question may surprise you.  Many large associations and associations with manned entry gates hire their own security guards rather than contracting with third party security companies.  Under new legislation in California (which will become effective on January 1, 2011), these associations, in addition to their private security guards, will be required [...]

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

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

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

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

Sexual Harassment

Many of our associations have staff members. Sexual harassment therefore may affect many of our clients. The article below emphasizes the proactive stance of Peters & Freedman, L.L.P., in preventing possible claims for associations. If your association has employees and would like assistance in drafting an appropriate sexual harassment prevention policy, please feel free to [...]

By | March 12th, 2008|Cases & Laws, Liability|0 Comments

Association Prevails In Court of Appeal Decision Upholding Petition To Amend CC&Rs and Bylaws

By Laurie S. Poole, Esq. and Laurie F. Masotto, Esq. Our firm represented the Fourth La Costa Condominium Owners Association (“Association”) in their petitions filed to reduce the percentage of votes required to amend its CC&Rs and Bylaws under California Civil Code Section 1356 and Corporations Code Section 7515.  On January 30, 2008, the Fourth [...]

By | March 11th, 2008|Cases & Laws, CID News|0 Comments

Agent for Service of Process Changes

Most common interest developments in California are set up as Nonprofit, Mutual-Benefit Corporations.  As a corporation, the association must designate an "Agent For Service of Process."  This designation permits someone wishing to file a lawsuit against the association to personally serve the corporation via the Agent. More often than not, the Association's property manager is [...]

By | February 1st, 2008|Cases & Laws, CID News|0 Comments

2008 Peters & Freedman Legal Guide Now Available!

Every year the Law Firm of Peters & Freedman, L.L.P., publishes a Legal Guide that contains updated laws, cases and information regarding Common Interest Developments.  The 2008 P&F Legal Guide is now available in electronic form. Those of you who downloaded the 2007 edition know how useful this electronic version of the Legal Guide can [...]

By | January 14th, 2008|Cases & Laws, CID News|0 Comments