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 [...]
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: 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 [...]
By: Johanna R. Deleissegues, Esq. (Originally Published in Fall 2006) Earthquakes can cause more than property damage; they can also cause financial disasters. After a damaging earthquake, the board will need to call an emergency meeting pursuant to Civil Code section 1363.05(h) and address membership needs and insurance issues, such as paying the insurance deductible [...]
- By Michael G. Kim, Esq. (originally published in Fall 2003) California law provides various time limits, or statutes of limitation, within which a person, or a homeowners’ association, can sue for construction defects. Generally speaking, if a construction defect is “patent,” or readily apparent to the naked eye, a homeowner or homeowners’ association has [...]
- By Michael G. Kim, Esq. (originally published in Winter 2002) On September 20, 2002, Governor Gray Davis signed into law SB800, also known as the "Fix-It Bill." At the outset, it is important to recognize that SB800 only applies to homes first sold in California after January 1, 2003. This means that for homes [...]
- 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 [...]
- By Laurie F. Masotto, Esq. (originally published in Summer 2001) At least two manufacturers of hardboard siding used on the construction of homes are involved in class action lawsuits for which class members may be entitled to payment for damages associated with their products. The claims involve defects such as buckling, deterioration, discoloration, swelling, [...]
- By Steven R. Napoles, Esq. (originally published in Winter 2001) In September, 2000, the Consumer Products Safety Commission (CPSC) issued a warning for 190,000 furnaces sold in California from 1983 to 1994. The CPSC warning covers gas-fired horizontal forced-air furnaces manufactured by Consolidated Industries (formerly known as Premier Furnace Company). The warning specifically focuses [...]
- By Laurie S. Poole, Esq. (originally published in Summer 2000) A California Appellate Court recently determined that a homeowners association may have a duty to warn or protect third parties about dangerous conditions in sidewalks across its property, even when the sidewalk is not owned by the association. In the case of Alpert v. [...]
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 James R. McCormick, Jr., Esq. (originally published in Spring 2000) Do you have a swing, slide or other playground equipment in your common area? If so, then recent changes to California laws governing playground safety will most likely effect your association. Recently, the legislature amended Health & Safety Code 115730 to create new [...]
- By Jeffrey R. Pratt, Esq. (originally published in Spring 2000) In April, 1999, this newsletter reported about Omega brand fire sprinklers, which were installed in many condominiums and commercial buildings throughout the country. The Omega fire sprinklers failed to operate on enough of those few, but nevertheless important, occasions which resulted in a class [...]
- 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 [...]
- By Laurie F. Masotto, Esq. (originally published April 1999) The Consumer Product Safety Commission (CPSC) recently put the heat on Central Sprinkler by announcing the recall of Omega brand fire sprinklers. This breakthrough comes in connection with two class action lawsuits filed against Central Sprinkler for defective sprinklers that could likely fail in a [...]
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