CID News

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

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

New Common Interest Development Laws for 2008

The California Legislature started off the 2007 Legislative Session geared up to make numerous amendments to California law applicable to common interest developments. Among the top contenders were Assembly Bill 567 (establishing the Common Interest Development Bureau in the Department of Consumer Affairs), Assembly Bill 952 (prohibition on imposing certain assessments on low to moderate [...]

By | January 7th, 2008|Cases & Laws, CID News, Meetings|0 Comments

Association Websites: The Do’s and Don’ts

By: Laurie F. Masotto, Esq. (originally published in Summer 2006) Association websites have become more popular, allowing members to conveniently access information from the comfort of their home, office or laptop without having to make a request to the manager or Board member, and without waiting for “snail mail” to arrive.  While these sites have [...]

By | June 6th, 2007|CID News, Liability|0 Comments