The Scope of a Property Manager’s Authority

By: David M. Peters, Esq. It is often said, that the sole duty of a Board of Directors is to protect, maintain and enhance the value of the project. The vast majority of the Homeowners Associations contract and delegate authority to a management company. The Board of Directors typically meet monthly, bimonthly or sometimes even [...]

By | May 8th, 2008|CID News, Liability|0 Comments

Sexual Harassment

Many of our associations have staff members. Sexual harassment therefore may affect many of our clients. The article below emphasizes the proactive stance of Peters & Freedman, L.L.P., in preventing possible claims for associations. If your association has employees and would like assistance in drafting an appropriate sexual harassment prevention policy, please feel free to [...]

By | March 12th, 2008|Cases & Laws, Liability|0 Comments

Association Prevails In Court of Appeal Decision Upholding Petition To Amend CC&Rs and Bylaws

By Laurie S. Poole, Esq. and Laurie F. Masotto, Esq. Our firm represented the Fourth La Costa Condominium Owners Association (“Association”) in their petitions filed to reduce the percentage of votes required to amend its CC&Rs and Bylaws under California Civil Code Section 1356 and Corporations Code Section 7515.  On January 30, 2008, the Fourth [...]

By | March 11th, 2008|Cases & Laws, CID News|0 Comments

Agent for Service of Process Changes

Most common interest developments in California are set up as Nonprofit, Mutual-Benefit Corporations.  As a corporation, the association must designate an "Agent For Service of Process."  This designation permits someone wishing to file a lawsuit against the association to personally serve the corporation via the Agent. More often than not, the Association's property manager is [...]

By | February 1st, 2008|Cases & Laws, CID News|0 Comments

2008 Peters & Freedman Legal Guide Now Available!

Every year the Law Firm of Peters & Freedman, L.L.P., publishes a Legal Guide that contains updated laws, cases and information regarding Common Interest Developments.  The 2008 P&F Legal Guide is now available in electronic form. Those of you who downloaded the 2007 edition know how useful this electronic version of the Legal Guide can [...]

By | January 14th, 2008|Cases & Laws, CID News|0 Comments

New Common Interest Development Laws for 2008

The California Legislature started off the 2007 Legislative Session geared up to make numerous amendments to California law applicable to common interest developments. Among the top contenders were Assembly Bill 567 (establishing the Common Interest Development Bureau in the Department of Consumer Affairs), Assembly Bill 952 (prohibition on imposing certain assessments on low to moderate [...]

By | January 7th, 2008|Cases & Laws, CID News, Meetings|0 Comments

Hiring Unlicensed Contractors May Cost you More than you think!

In Heiman v. Workers’ Compensation Appeals Board, a California Court of Appeal the Workers’ Compensation Appeal Board’s ruling that an injured employee of an unlicensed and uninsured contractor was entitled to workers’ compensation benefits. This part of the decision is straightforward. The interesting twist applicable to common interest developments/homeowner associations is the characterization of the [...]

By | June 6th, 2007|Cases & Laws, Liability|0 Comments

Audit v. Financial Review

California’s statutes do not require homeowner associations to perform a yearly audit.  An association’s governing documents may, however, require an “audit.”  Otherwise, only the preparation of a yearly review of the financial statements of the association is required. Civil Code Section 1365 requires the Association to prepare and distribute the following documents, unless the governing [...]

By | June 6th, 2007|Cases & Laws, Liability|0 Comments

Association Websites: The Do’s and Don’ts

By: Laurie F. Masotto, Esq. (originally published in Summer 2006) Association websites have become more popular, allowing members to conveniently access information from the comfort of their home, office or laptop without having to make a request to the manager or Board member, and without waiting for “snail mail” to arrive.  While these sites have [...]

By | June 6th, 2007|CID News, Liability|0 Comments

The Greener Side: Issues Involving Trees

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 [...]

Tips for Special Meetings

By: Laurie F. Masotto, Esq. (originally published Summer 1998) At a board meeting, a “happy homeowner” who routinely violates the CC&Rs delivers a petition signed by six out of 100 homeowners, stating they want to call  a special meeting of the members for the purpose of  recalling the Board.  Questions frequently asked are: (1) do [...]

By | June 6th, 2007|Cases & Laws, Meetings|0 Comments

Potential Liability for Crimes on Premises

By: Laure F. Masotto, Esq. (originally published Fall 2000) The issue of liability for criminal acts occurring on both residential and commercial premises has been visited by the courts on numerous occasions in recent years.  Homeowners associations overseeing private residential communities have, in the past, been analogized to landlords, which under California law have been [...]

By | June 6th, 2007|Cases & Laws, Liability|0 Comments

The Privilege of Legal Bills

By: Laurie F. Masotto, Esq. (originally published in 2000) Readers may recall a prior article in our newsletter which outlined those records to which members are entitled to inspect, which are very limited, such as board or annual meeting minutes, financial statements, and the like, as compared to the directors’ nearly unfettered right to review [...]

By | June 6th, 2007|Cases & Laws, CID News, Enforcement|0 Comments

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