Funding Litigation

Business Law
By: Sharon Glenn Pratt       The question of how a common interest development (CID) will pay for litigation must be decided by the board when the need for litigation arises. When the association is served as a defendant in a lawsuit, there is of course no choice but to be involved in litigation, as the
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Choosing A Vendor

Business Law
Your board has voted to move ahead on a project, and is relying on you, the manager, to direct the board in this process. Should you hire the second cousin of a member, who is starting a new construction business? Not a good idea? How do you go about selecting the right vendor? The Bidding
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Oh No, Not In My Neighbor’s Back Yard!

Real Estate Law
Architectural review is serious business for an Association Board. One of the important attributes of any type of planned unit development is its high standard for uniform construction, design and aesthetics. People choose to live in planned communities for this very reason.  As an association board, you play a vital role in enforcing and maintaining
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How Can CC&R’s, Which I Have Never Read or Signed, Control What I can Do?

Real Estate Law
By:  Patricia A. Wendleton & Sharon Glenn Pratt INTRODUCTION             Associations are governed by several documents, perhaps the most important of which is the Covenants, Conditions & Restrictions (CC&Rs) of the common interest development.  The CC&Rs, among other things, set forth the duties and responsibilities of the individual owners and the Association, restrictions on what
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Notice Requirements For California HOA Meetings: Who, What, When, Where and How

Real Estate Law
Homeowners’ associations in California must comply with numerous statutes concerning meeting notice requirements.  Whether it’s an event that occurs regularly, such as a board or members’ meeting, or an unusual event, such as member discipline, HOAs and their boards are faced with an extensive array of mandatory notice procedures.  Familiarity with these requirements is an
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Fair Housing Laws

Real Estate Law
CURRENT TRENDS IN FAIR HOUSING LAWS WHICH LAWS APPLY TO ASSOCIATIONS? 1.         APPLICABLE LAW OVERVIEW OF FAIR HOUSING LAWS STATE (CA) Unruh Civil Rights Act– CA Civil Code § 51 FEDERAL Fair Housing Act (1968) – 42 U.S.C. §3601-3619                a. Fair Housing Amendments Act (1988) – 42 U.S.C.                                                    §3631 Americans with Disabilities Act
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Time Is Of The Essence In Enforcing CC&R’s

Real Estate Law
Typically, owners buy in planned communities or common interest developments because they believe the CC&Rs will help assure quality and consistency in the neighborhood or complex, which will preserve property values.  Of course, this will only be true if the CC&R’s are enforced.  Most all CC&Rs or rules and regulations require that an owner obtain
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HOA Disagreement: You Be The Judge!

Real Estate Law
The Presidential Altercation Facts: In this particular community, the Association Board President is very “hands on.” He has served as president for several years and he regularly makes the rounds in the HOA, doing walk-throughs to check for rules violations, including unleashed pets, parking problems, and litter problems. He also visits with many owners about
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Pest Control In HOA’s

HOA Pest Control
CIVIL CODE SECTION 1364 1.           GENERAL RULE FOR MAINTENANCE                Common Area – HOA Responsible                Exclusive Use Common Area – Owner Responsible                Separate Interest – Owner Responsible 2.           “UNLESS OTHERWISE PROVIDED IN DECLARATION” 3.           PLANNED DEVELOPMENT (DEFINITION IS “COMMON AREA AND POWER TO         ASSESS, BUT NOT A CONDO OR CO-OP”) Each owner
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Voting By Proxy and Power of Attorney

real estate law
Proxy Rules A proxy is a written authorization signed by a member or the member’s attorney in fact giving another person or entity the power to vote on behalf of the issuing member.  A proxy can only be voted by another member of the homeowners Association. The articles or by-laws may limit or preclude the
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