Violations

Nuisance?

A nuisance is much like any other alleged violation of an association’s Governing Documents in that there must be a power source for the association to take enforcement action. While it is easy to allege that someone is “creating a nuisance,” it is often more difficult to prove that a nuisance is actually taking place. [...]

New Law – No Fines on Members During Drought – Effective Immediately!

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 [...]

Smoking ban in California’s future?

NEWS FLASH! On February 21, 2013,  the California legislature proposed a state law that, if enacted, would prohibit smoking inside the dwelling units of those communities that contain 2 or more units with one or more shared walls, floors, ceilings, or ventilation systems..  The proposed legislation, AB 746, can be found at:  http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0701-0750/ab_746_bill_20130221_introduced.htm If this [...]

Businesses Within Residences

By: Laurie F. Masotto, Esq. (originally published Spring 1996) Mr. Marcus Jones, an angry homeowner storms into the Board of Directors meeting for your Association. "I WANT YOU TO DO SOMETHING ABOUT MY NEIGHBOR!  He is sawing and hammering all day long in his garage, and he has delivery trucks coming and going to pick [...]

By | June 6th, 2007|Enforcement, Violations|0 Comments

Foul Play: Avoiding Basketball Disputes

By: Laurie F. Masotto, Esq. (originally published in Spring 1999) Basketball hoops often evoke strong emotions and heated battles within a common interest development, between two teams: those who want to play roundball at home, and those who do not want their community  to become an obstacle course of hoops and players.   The Association, as [...]

By | June 6th, 2007|Enforcement, Liability, Violations|0 Comments

Violation Hearing Requirements

By: Johanna R. Deleissegues, Esq. (originally published Spring 2007) Introduction The purpose of this article is to explain the requirements of a violation hearing. When it comes to enforcing governing documents, different situations will call for different responses. Each association will have a unique set of governing documents, enforcement policies and personalities. Each homeowner will [...]

By | June 6th, 2007|Enforcement, Meetings, Violations|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 [...]

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

Thinking of Selling? You Might Have to Disclosre your Noisy Neighbors as a “Neighborhood Noise Problem”!

- By James R. McCormick, Jr., Esq. (originally published in April, 1998) In real estate sales transactions, if the seller knows of facts that would have a material affect on the value or desirability of the property, the seller is under a duty to disclose those facts to the buyer. Failure to disclose these facts [...]

By | May 25th, 2007|Cases & Laws, Violations|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 [...]

Violations, Votes and Violence: Three New Cases

(originally published in July of 1997) The courts have again been busy hearing cases which directly and indirectly involve homeowners associations. I. Notice of Violations Cannot Be Recorded. A homeowner painted his house an "atrocious bright blue color", as described by the Board president of an association, which apparently was not in keeping with the [...]

By | May 23rd, 2007|Cases & Laws, CID News, Violations|0 Comments