Unique Issues Affecting Annual Meetings

By: Laurie F. Masotto, Esq. (originally published in Fall 1999) Annual meetings can be full of surprises, some pleasant, some not so pleasant.  Some unique issues which can catch Boards of Directors and managers off guard often cause delay and strife.  These can often be anticipated and checked into prior to the meeting so as [...]

By | June 6th, 2007|Meetings|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

Lions at the Gate: an ARC Reviews an Application under new California code requirements

by: Johanna R. Deleissegues, Esq. (originally published Fall 2006) The Utopia Homeowners Association has over 1000 homes and is located in California.  The Utopia Architectural Review Committee (“ARC”) is a separate committee from the Association’s Board of Directors.  The Board and the ARC strive to maintain the highest aesthetic standards for the young community.  The [...]

Shaky Ground: Paying the Insurance Deductible after a Damaging Earthquake

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 | June 6th, 2007|Assessments, Maintenance|0 Comments

State Court is Proper Venue for Satellite Disputes

(originally published in Winter 2005) Opera Plaza Residential Parcel Homeowners Association v. Hoang, 376 F.2d 831 (9th Cir. 2004) In Opera Plaza Residential Parcel Homeowners Association v. Hoang, the Ninth Circuit Court of Appeal held that federal courts do not have jurisdiction over cases in which a condominium homeowners association sues to enforce its rules [...]

By | May 25th, 2007|CID News, Enforcement|0 Comments

Attorney’s Fees Authorized Against Association That Fails to Produce Minutes and Records

(originally published in Winter 2002) Moran v. Oso Valley Greenbelt Association (2004) 117 Cal.App.4th 1029. The California Court of Appeal recently ruled on the issue of whether attorneys fees should be awarded where the prevailing homeowner did not incur any attorneys fees and where the homeowners association satisfied the claim before the lawsuit proceeded to [...]

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

Individual Insurance Coverage Requirements May be Implied by Governing Documents

(originally published in Winter 2005) Palacin v. Allstate Insurance Company (2004) 119 Cal.App.4th 855. California case law generally provides that because individual owners pay for association insurance through their assessments, they are entitled to whatever insurance coverage is available under the association’s master policy subject to the policy’s deductible. The master policy is considered primary, [...]

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

Marital Status is Not Protected Class Under Unruh Act *

(originally published in Winter 2005) Koebke v. Bernardo Heights Country Club – Superseded by grant of review – not citable (2004) 116 Cal. App. 4th 791. *Please note that this case has been granted review by the California Supreme Court, and cannot be cited as good case law. Please watch our quarterly newsletter for updates [...]

Case Must be One to “Enforce” The Governing Documents for Attorney’s Fee Award

(originally published in Winter 2005) Salawy v. Ocean Towers Housing Corporation (2004) 121 Cal.App.4th 664. It is well established that in an action to enforce the governing documents of a common interest development, the prevailing party is entitled to reasonable attorneys fees pursuant to California Civil Code section 1354(f) [now 1354(c)]. In Salawy v. Ocean [...]

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

Standard for Review of Unrecorded Guidelines is Whether they are Reasonable when Applied to the Project as a Whole

(originally published in Winter 2005) Rancho Santa Fe Association v. Dolan-King (Dolan-King II) (2004) 115 Cal.App.4th 28. When disputes arise regarding an individual owner’s architectural improvement application to make modifications to his/her residence, quite often the primary issue of the dispute involves the application of the association’s architectural guidelines to that individual owner. For the [...]

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

New Laws Affecting Associations

(originally published in Winter 2005) The California legislature has enacted several new laws and amended many existing laws relating to common interest developments. Associations are now required to follow a new informal dispute resolution procedure before they may resort to the existing Alternative Dispute Resolution (“ADR”) process identified in Civil Code section 1354 (Moved to [...]

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

Who is a “Prevailing Party”

(originally published in Spring 2004) The California Court of Appeals recently held in Parrott v. The Mooring Townhomes Association, that trial courts can determine who the "prevailing party" is for the purpose of awarding attorney fees after a case has already been dismissed. The defendant Association in this case asked homeowners to approve a special [...]

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

Privacy in Associations

(originally published Spring 2004) The Court of Appeals in Koebke vs. Bernardo Heights Country Club recently addressed the question, whether or not a private country club may limit its membership privileges to spouses of the opposite sex. This case involved a lesbian couple who are registered as domestic partners under California law. The couple brought [...]

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

New Laws Effective January 2003

(originally published Spring 2003) In January 2003, pursuant to Assembly Bill 2289, several new laws came into effect in relation to the collection of delinquent assessments. In addition to the federal Fair Debt Collection Practices Act (FDCPA), Senate Bill 1022, which now adds new Civil Code 1812.700, requires any third party who acts as debt [...]