Enforcement

Attorney’s Fees Authorized Against Association That Fails to Produce Minutes and Records

(originally published in Winter 2002) Moran v. Oso Valley Greenbelt Association (2004) 117 Cal.App.4th 1029. The California Court of Appeal recently ruled on the issue of whether attorneys fees should be awarded where the prevailing homeowner did not incur any attorneys fees and where the homeowners association satisfied the claim before the lawsuit proceeded to [...]

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

Individual Insurance Coverage Requirements May be Implied by Governing Documents

(originally published in Winter 2005) Palacin v. Allstate Insurance Company (2004) 119 Cal.App.4th 855. California case law generally provides that because individual owners pay for association insurance through their assessments, they are entitled to whatever insurance coverage is available under the association’s master policy subject to the policy’s deductible. The master policy is considered primary, [...]

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

Association Not Obligated to Enforce its Documents for “Suspected” Violations

(originally published in Winter 2005) Titus v. Barton Protective Services, Inc. (2004) 118 Cal.App.4th 906. In Titus v. Barton Protective Services, Inc. (2004) 118 Cal.App.4th 906, the Court of Appeal held that although an association’s Covenants, Conditions and Restrictions (“CC&Rs”) give the association the authority to make arrests and detain individuals for violating the governing [...]

Marital Status is Not Protected Class Under Unruh Act *

(originally published in Winter 2005) Koebke v. Bernardo Heights Country Club – Superseded by grant of review – not citable (2004) 116 Cal. App. 4th 791. *Please note that this case has been granted review by the California Supreme Court, and cannot be cited as good case law. Please watch our quarterly newsletter for updates [...]

Case Must be One to “Enforce” The Governing Documents for Attorney’s Fee Award

(originally published in Winter 2005) Salawy v. Ocean Towers Housing Corporation (2004) 121 Cal.App.4th 664. It is well established that in an action to enforce the governing documents of a common interest development, the prevailing party is entitled to reasonable attorneys fees pursuant to California Civil Code section 1354(f) [now 1354(c)]. In Salawy v. Ocean [...]

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

Standard for Review of Unrecorded Guidelines is Whether they are Reasonable when Applied to the Project as a Whole

(originally published in Winter 2005) Rancho Santa Fe Association v. Dolan-King (Dolan-King II) (2004) 115 Cal.App.4th 28. When disputes arise regarding an individual owner’s architectural improvement application to make modifications to his/her residence, quite often the primary issue of the dispute involves the application of the association’s architectural guidelines to that individual owner. For the [...]

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

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

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

Judicial Deference Extended to Rules and Regulations

- By Steven R. Napoles, Esq. (originally published in Fall 2002) In 1994, the California Supreme Court decision of Nahrstedt v. Lake Village Condominium Association, granted wide judicial deference to recorded CC&Rs of common interest developments. In the wake of Nahrstedt, the question arose as to whether CC&R restrictions and unrecorded rules and regulations subsequently [...]

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

Sitting Judges are Not Private Arbitrators

- By Mark T. Guithues, Esq. (originally published in Summer 2002) Alternative Dispute Resolution ("ADR") is a well known process to most associations in California. Civil Code Section 1354 requires associations or owners to offer some form of ADR prior to filing a lawsuit for enforcement of an association's governing documents. ADR can take the [...]

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

New Law About Flag Flying

- By Laurie F. Masotto, Esq. (originally published in Summer 2002) In response to many homeowners' desire to demonstrate their patriotism after September 11th by flying the U.S. flag, a new law has been passed that prevents common interest developments from limiting or prohibiting flying the U.S. flag. This was apparently due to complaints that [...]

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