Enforcement

Dishes, Dishes Everywhere and Not a Bite to Eat!

- By James R. McCormick, Jr., Esq. (originally published in October 1998) What's round, less than a meter in diameter, and can be installed by an owner in a variety of places within the project with little or no Association regulation or interference? No, it's not the latest beanie baby, it's a satellite dish, or [...]

Governing Documents and the Honor System

- By James R. McCormick, Jr., Esq. (originally published in July 1998) So you live in a common interest development. You've got your association's bylaws, CC&Rs and rules and regulations to contend with. You're up to your ears in do's and dont's, written mostly in legalese. So what do you do about it? Let me [...]

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

Beyond Single Family Residences: Special Consideration for Certain types of “Businesses”

- By Susan K. Stewart, Esq. (originally published in April, 1998) Virtually every set of association governing documents contain provisions that prohibit or restrict business use of residences. The reason for these restrictions is straightforward: to prevent a neighborhood from becoming a mini-industrial park. Common sense tells us that in most instances business use and [...]

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

Who’s to say what’s Aesthetically Pleasing: Homeowner Associations?

- By James R. McCormick, Jr., Esq. (originally published in January, 1998) A recent California case seems to say yes. The court in Kucera v. Lizza (1997) 97 D.A.R. 14787 recognized the ability of local municipalities to enact ordinances that are based purely on aesthetic consi-derations. While not directly applying to homeowners associations, other cases [...]

A Slam Dunk Win for an Association’s Enforcement of Basketball Hoop Rule

- By Gary M. Letchinger, Esq. (originally published in October, 1997) One issue that has been the subject of inquiry from associations this year has been the enforceability of provisions regarding basketball hoops. We recently represented an association that sought to enforce a restriction in their Rules and Regulations regarding basketball hoops. The Rules state [...]