Maintenance

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 [...]

New Standard for Common Area Maintenance: Will it Survive Supreme Court Review?

(originally published in October 1998) Earlier this year, a California Appellate Court decided that an "objective test of reasonableness" should be used to decide whether a homeowners association has properly maintained the common areas, in the case of Lamden v. La Jolla Shores Clubdominium Homeowners Association. Before this case, the "Business Judgment Rule" was the [...]

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

Judicial Partition of Common Areas is Necessary Before Conveying Destroyed Condominium Project

- By Laurie S. Poole, Esq. (originally Published in July, 1998) A recent California Appellate Court determined that after destruction of a condominium project, a legal partition action is necessary before the project can be conveyed to a third party. Under California law, "partition" is the procedure to terminate common interests in the same parcel [...]

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

California Law has Changed Regarding Standards for Common Area Maintenance

- By David M. Peters, Esq. & Simon J. Freedman, Esq. (originally published in July, 1998) In April of this year, a California Appellate Court decided that an "objective test of reasonableness" should be used to decide whether a homeowners association has properly maintained the common areas. Before this decision, the traditional standard was the [...]

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