Recreational Use Immunity for Common Interest Developments

Do you worry about liability when you see people, who are neither owners nor residents, using your property for recreation? Are they using the common area walking or hiking paths? Playing on your lawns and playground? Skateboarding on your streets? Taking a short-cut to the beach? Here’s some good news from attorneys, for a change,
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My neighbor has been using part of my property as their own for a few years, what are my rights?

First, you should review your deed to see if your neighbor’s property has an easement, or a legally recorded right to use your property for some reason. Many times, an easement might be recorded and included in your deed to allow neighbors to use part of your driveway to access their property, allow the public
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A Mechanics Lien is Clouding my Title. What can I do?

If you owe a contractor money, and a lien has been recorded on your property, you can remove the lien by settling with the contractor. However, make sure that you receive a lien release in exchange for your payment. The mechanics lien release must actually be recorded on your property to nullify the lien. What
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ELECTION BY ACCLAMATION: IS IT PERMITTED?

Election Acclamation
By: Rosalia Burgueño Tapia Occasionally, a homeowner association (HOA) is faced with the situation of having an uncontested election.  In such a case, must the HOA still go through the formalities of an election?  Some say yes, and some say no.  Current law seems to require a vote, even if uncontested.  SB 1128 would have
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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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