The Business Judgment Rule Requires Informed, Reasoned and Good Faith Decision-Making

Business Owner
By Grant Turner, Esq. To paraphrase the famous quip, “good judgment comes from experience, and experience comes from poor judgment.” Such witticism is embodied in the legal doctrine known as the Business Judgment Rule. Since Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249, the Business Judgment Rule has been used to
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Avoiding Illegal Board Activity and Lawsuits

Business Law
By: Sharon Glenn Pratt No CID wants to be sued, and in the event that a board is faced with defending a lawsuit, it of course wants to be found not liable for whatever is being alleged. One of the best ways to avoid litigation is for the board to encourage transparency and to steer
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Is Your Homeowners Association Unknowingly Engaging in Prohibited Discrimination?

Real Estate
By: Patricia Wendleton Do any of these situations sound familiar?  A resident of the association is so obsessed with association rules that he or she engages in unauthorized policing of the association property.   A resident is hypersensitive to noise, such as children at play in the common area, and constantly complains.  One of the residents
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The Three Important I’s: Immunity, Insurance and Indemnity

Real Estate HOA
Living in a homeowner’s association certainly has its benefits and burdens, with the latter sometimes appearing to outweigh the former.  This article addresses three essential areas which help ease any such burden, provided certain requirements are met.  In particular, board members and homeowners serving as agents of the association enjoy the safeguards of immunity, insurance,
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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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