Enforcement

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

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 [...]

Nuisance?

A nuisance is much like any other alleged violation of an association’s Governing Documents in that there must be a power source for the association to take enforcement action. While it is easy to allege that someone is “creating a nuisance,” it is often more difficult to prove that a nuisance is actually taking place. [...]

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 [...]

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

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

The Greener Side: Issues Involving Trees

By: Laurie F. Masotto, Esq. (originally published in Fall 1999) The issues that arise pertaining to a tree are often as numerous as its branches.  Trees also tend to evoke strong emotions and feelings that transcend logic and reason.  While trees may enhance the value of and add to the beauty of a community, they [...]

The Privilege of Legal Bills

By: Laurie F. Masotto, Esq. (originally published in 2000) Readers may recall a prior article in our newsletter which outlined those records to which members are entitled to inspect, which are very limited, such as board or annual meeting minutes, financial statements, and the like, as compared to the directors’ nearly unfettered right to review [...]

By | June 6th, 2007|Cases & Laws, CID News, Enforcement|0 Comments

Businesses Within Residences

By: Laurie F. Masotto, Esq. (originally published Spring 1996) Mr. Marcus Jones, an angry homeowner storms into the Board of Directors meeting for your Association. "I WANT YOU TO DO SOMETHING ABOUT MY NEIGHBOR!  He is sawing and hammering all day long in his garage, and he has delivery trucks coming and going to pick [...]

By | June 6th, 2007|Enforcement, Violations|0 Comments

Foul Play: Avoiding Basketball Disputes

By: Laurie F. Masotto, Esq. (originally published in Spring 1999) Basketball hoops often evoke strong emotions and heated battles within a common interest development, between two teams: those who want to play roundball at home, and those who do not want their community  to become an obstacle course of hoops and players.   The Association, as [...]

By | June 6th, 2007|Enforcement, Liability, Violations|0 Comments

Violation Hearing Requirements

By: Johanna R. Deleissegues, Esq. (originally published Spring 2007) Introduction The purpose of this article is to explain the requirements of a violation hearing. When it comes to enforcing governing documents, different situations will call for different responses. Each association will have a unique set of governing documents, enforcement policies and personalities. Each homeowner will [...]

By | June 6th, 2007|Enforcement, Meetings, Violations|0 Comments

State Court is Proper Venue for Satellite Disputes

(originally published in Winter 2005) Opera Plaza Residential Parcel Homeowners Association v. Hoang, 376 F.2d 831 (9th Cir. 2004) In Opera Plaza Residential Parcel Homeowners Association v. Hoang, the Ninth Circuit Court of Appeal held that federal courts do not have jurisdiction over cases in which a condominium homeowners association sues to enforce its rules [...]

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