HOA Can Regulate Short Term Rentals
The California Court of Appeal recently found that a HOA can adopt reasonable rules and impose fees related to short term rentals of condominium units. Watts v. Oak Shores Community Association provides some guidance on an expanding area for landlords and property owners as to the proliferation of short term rentals, particularly in high demand vacation spots. […]
Purchasing a Bootleg Unit
They have many names: “converted garage,” “illegal unit,” “bootleg unit,” or “unpermitted unit,” but they’re all the same. There are many units in the City of Los Angeles and surrounding cities that are not actually permitted by the local government authority. In particular, the unit does not have a certificate of occupancy which means that […]
Gaining Property Through Adverse Possession
Adverse possession is a method to gain title to real estate by occupying it for at least five years. There are five requirements that must be satisfied in order to gain title through adverse possession: 1. Possession must be held under “claim of right” or “color of title.” 2. There must be an actual, open, […]
Using Joint Tenancy as an Estate Planning Tool
I often hear from clients and potential clients that they want to add a relative’s name to a piece of real estate as “joint tenants” in order to avoid probate. Although this is probably the cheapest estate planning tool you can do in the short term, it is the least favorable for most circumstances for […]
What Happens When a Co-Owner Wants to Sell
The right of one owner to sell real estate owned with partners is nearly absolute under California law. It does not even require a majority of the partners to agree to sell. As long as one owner wants to sell and that owner files a partition lawsuit, the real estate could be sold. Often times […]
Is a New Condo Conversion Unit Still Regulated by the Los Angeles Rent Stabilization Ordinance?
In an interesting but limited decision, the California Court of Appeals was required to review whether an apartment building that was converted to condominiums in 2009 but still left the existing tenants in the units still fell within the Los Angeles Rent Stabilization Ordinance (“LARSO”). The Court found that even if a new certificate of […]
What is a Lis Pendens?
A Lis Pendens, also known as a “Notice of Pendency of Action” can be recorded on real estate through the County Recorder’s office. The purpose of a Lis Pendens is to provide “constructive notice” to a subsequent buyer, claimant, or anyone who has encumbered the real estate that there is a legal action that may […]
Newport Beach Seeks Supreme Court Review on Sober Living Home Ordinance
In a prior blog post I had written about Newport Beach’s Ordinance that was meant to regulate the location and number of sober living homes in the City. Recently, Newport Beach has decided that to ask the U.S. Supreme Court to review the 9th Circuit Court’s decision that found Newport Beach’s ordinance to be discriminatory. […]
Probate, Inheritances, and Property Taxes
The title to the article sums up USA Today’s article Divorce, Death, and Donald Sterling’s Boyhood Home. The article describes several properties in Boyle Heights still owned by Donald Sterling’s deceased mother and grandmother. In California, property taxes are determined by “assessed value,” which is derived from the fair market value of a property at the time […]
Legal Issues with Short Term Rentals
The City of Glendale has recently enacted a noise ordinance that targets properties that require police responses due to loud music and other nuisances. Glendale’s ordinance creates a series of fines after the police respond to loud music or nuisance complaints. The Glendale News Press reports that the City of Glendale has already began to […]