Enforcement

Attorney Fees Recoverable in Board Election Challenge

- By Stephen M. Kirkland, Esq. (originally published in Summer 2002) Election challenges are currently a hot topic in American politics. One need only look to the year 2000 presidential election/voting issues in Florida to note that contested elections give rise to a storm of political debates. Even community associations are not exempt from these [...]

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

Is it Really a Binding Arbitration?

- By Mark T. Guithues, Esq. (originally published in Summer 2002) California Civil Code Section 1354 requires, in certain circumstances, prior to initiating legal action to enforce the governing documents of a homeowners association, the parties to offer some form of Alternative Dispute Resolution ("ADR"). One such form of ADR is arbitration, which can be [...]

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

License and Maintenance Agreements

- By Laurie S. Poole, Esq. (originally published in Spring 2002) Our office receives many questions regarding license and maintenance agreements. The use of these types of legal documents can be confusing; however, under the appropriate circumstances, they can be a useful asset to homeowners associations. The following are answers to questions we frequently receive [...]

Virginia Bankruptcy Court Addresses Homeowner Association’s Motion for Relief from Automatic Stay

- By Laurie S. Poole, Esq., and Jennifer Todd (originally published in Fall 2001) In all bankruptcy cases, the debtor is required to pay his or her homeowner association assessments that become due and owing after the date of the filing of the bankruptcy (also known as "post- petition" assessments). Many times, owners that file [...]

Assessment Refresher of the Month: Pre-Lien Warning Letters

- By Steven R. Napoles, Esq. (originally published in Fall 2001) The pre-lien warning letter is often the last step in an Association's collection efforts before collection is turned over to the attorney. If done properly, the pre-lien letter can be an effective tool to collect from delinquent homeowners without experiencing the time and headaches [...]

Assessment Collection Corner

- By Laurie S. Poole, Esq. & Jennifer Todd (originally published in Summer 2001) The most commonly asked questions by association boards of directors when a homeowner files bankruptcy are (1) what is the difference between Chapter 7 and Chapter 13 bankruptcy cases and (2) how is our association affected. The differences between the two [...]

By | May 25th, 2007|Assessments, Enforcement|0 Comments

What Happens to your Lien when the Senior Forecloses?

(originally published in Fall 2000) Hands up everyone who purchased their home outright with a sack full of money. Assuming you are not Bill Gates, chances are you have not raised your hand. The fact is, most people have to borrow the vast majority of the purchase price for their homes from one of a [...]

By | May 25th, 2007|Assessments, Enforcement|0 Comments

Legislature Adopts New Pet Legislation for 2001

(originally published in Fall 2000) Perhaps in response to the 1994 California Supreme Court case Nahrstedt v. Lakeside Village Condominium Association, which held that a provision in a homeowners association's CC&Rs prohibiting pets was not "unreasonable", the California legislature recently added a new section to the Davis-Stirling Common Interest Development Act which will ensure that [...]

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

Court Backs Architectural Committee Discretion

- By Mark T. Guithues, Esq. (originally published in Fall 2000) One of the most important issues homeowners face while living in a common interest development is obtaining approval from the association's board and/or architectural committee regarding installation of improvements on their property. A recent California appellate court addressed the reasonableness of recorded covenants and [...]

CC&Rs (Declaration)

In upcoming publications, we will furnish a brief commentary on several different items that may affect boards of directors, homeowners and property managers. If you would like a specific topic to be included, please send us your request. READING THE GOVERNING DOCUMENTS For those of you who have recently moved into an association, we provide [...]

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

California Supreme Court Adopts “Judicial Deference” Rule in Challenges to Board Decisions

- By Simon J. Freedman,Esq. (originally published in October 1999) In August of this year, the California Supreme Court adopted a standard of "judicial deference" to be used when challenging decisions made by a Homeowner Association's Board of Directors regarding maintenance of common areas. In Lamden v. La Jolla Shores Clubdominium Homeowners Association, owner Gertrude [...]

ADR 101

- By Mark T. Guithues, Esq. (originally published in April 1999) Many Board Members are aware that before bringing an action against a homeowner, they are generally required by law to offer that homeowner the opportunity to mediate or arbitrate. This article will provide you with an outline of the requirements, choices and expenses related [...]

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

Satellite Update

- By James R. McCormick, Jr., Esq. (originally published in January 1999) As predicted in our previous newsletter, the FCC has issued a further Order (FCC 98-273) regarding the installation, maintenance and use of “covered antennas” in common interest developments. To recap, the FCC rule limits many restrictions on the installation, maintenance or use of [...]

Cherished Belongings or Hazardous Junk?

- By Laurie S. Poole, Esq. (originally published in January 1999) The issue of how much a homeowners association can control the inside of an owner’s separate interest was raised in the recent appellate court decision, Cunningham v. Superior Court (1998) 67 Cal. App. 4th 743. The case began when the association inspected the owner’s [...]

Time for a Change? Amendment of Your Governing Documents

- By Laurie F. Masotto, Esq. (originally published in October 1998) Are there provisions in your Association's CC&Rs that are too restrictive, outdated, developer-oriented, or are not detailed or clear so that they are difficult to interpret? Is there a provision regarding leasing, pets, or parking, that would better serve the Association if changed? Is [...]

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