Cases & Laws

Who is a “Prevailing Party”

(originally published in Spring 2004) The California Court of Appeals recently held in Parrott v. The Mooring Townhomes Association, that trial courts can determine who the "prevailing party" is for the purpose of awarding attorney fees after a case has already been dismissed. The defendant Association in this case asked homeowners to approve a special [...]

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

Privacy in Associations

(originally published Spring 2004) The Court of Appeals in Koebke vs. Bernardo Heights Country Club recently addressed the question, whether or not a private country club may limit its membership privileges to spouses of the opposite sex. This case involved a lesbian couple who are registered as domestic partners under California law. The couple brought [...]

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

New Laws Effective January 2003

(originally published Spring 2003) In January 2003, pursuant to Assembly Bill 2289, several new laws came into effect in relation to the collection of delinquent assessments. In addition to the federal Fair Debt Collection Practices Act (FDCPA), Senate Bill 1022, which now adds new Civil Code 1812.700, requires any third party who acts as debt [...]

An Occasion to Ask “How Old Are You?”

- By Laurie F. Masotto, Esq. (originally published in Fall 2003) In order to continue to qualify as a community to be occupied by persons 55 years of age and older, the community must be able to produce verification of compliance by “reliable surveys and affidavits” that the persons occupying the property meet the age [...]

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

New Direction from Court of Appeal on Service of ADR Request Under Civil Code section 1354

- By Steven R. Napoles, Esq. and Christina Baine DeJardin (originally published in Fall 2003) In August of 2003, associations received further guidance from the California Court of Appeal, Second Appellate District, regarding requirements for service of a Request for Resolution by Alternative Dispute Resolution (“ADR”) pursuant to Civil Code section 1354. Civil Code section [...]

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

Construction Defect Claims Must be Filed Within ten Years

- By Michael G. Kim, Esq. (originally published in Fall 2003) California law provides various time limits, or statutes of limitation, within which a person, or a homeowners’ association, can sue for construction defects. Generally speaking, if a construction defect is “patent,” or readily apparent to the naked eye, a homeowner or homeowners’ association has [...]

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

Governing Documents

Owners often ask the question: What is a governing document? Technically, a “governing document” is defined by Civil Code section 1351(j) as “the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, which govern the operation” of an association. For most associations, these documents [...]

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

Insurance Crisis: Are we out of the “Water” yet?

(originally published in Summer 2003) Given the past few years, it is safe to say that anyone who is associated with owners associations and condominiums in particular, is familiar with the ongoing “insurance crisis.” Many associations face premiums that skyrocketed over two to three hundred percent. Other associations have been dropped altogether by their insurance [...]

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

Legislative Update: Bills that Might Affect Your Association

- By Steven R. Napoles, Esq. (originally published in Summer 2002) Ahhh . . . summer is in the air. . . sunny skies, lazy days, and the legislature busily reviewing and editing its latest crop of bills. This year’s bills cover everything from construction contracts to political advertisements within mobile home parks. Several of [...]

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

Judicial Determination of an Association’s Disclosure Obligations

- By Stephen M. Kirkland, Esq. (originally published in Summer 2003) In the recent decision of Ostayan v. Nordhoff Townhomes Homeowners Association, Inc., the California Court of Appeals held that the Association did not have a duty to notify its members of the filing of bad faith insurance action against the Association’s insurance carrier, based [...]

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

New Laws for New Homes with Construction Problems

- By Michael G. Kim, Esq. (originally published in Winter 2002) On September 20, 2002, Governor Gray Davis signed into law SB800, also known as the "Fix-It Bill." At the outset, it is important to recognize that SB800 only applies to homes first sold in California after January 1, 2003. This means that for homes [...]

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

Summary of New Laws Impacting Homeowners Associations

- By David M. Peters, Esq. (originally published in Winter 2003) In stark contrast to last year, the 2002 Legislative session resulted in many new laws regarding Common Interest Developments. The following is a summary of the new laws that took effect on January 1, 2003. This summary covers the most relevant changes. For a [...]

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

New Laws Affect Executive Session Minutes

- By Laurie S. Poole, Esq. (originally published in Fall 2002) California Civil Code Section 1363.05, known as the "Common Interest Development Open Meeting Act," addresses the issue of executive sessions and minutes of those meetings. Under Civil Code Section 1363.05(b), all board meetings are open to the homeowners except when the board adjourns into [...]

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

Arbitration of Construction Defect Claims Likely to Increase

- By Michael G. Kim, Esq. (originally published in Fall 2002) Our legal system provides an orderly process designed to resolve disputes. The most distinguishing features of our legal system are the right to due process and the various procedures whereby one party to a dispute can discover, or learn, what evidence the other side [...]

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

Mold Bill Keeps on Growing

(originally published in Fall 2002) The California State Senate has recently been debating a bill that would affect insurance coverage for mold damage. In February 2002, a bill was introduced in the Senate that would require property or liability insurance policies issued, amended, or renewed after January 1, 2003, to cover mold as an ensuing [...]

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