Commercial and Industrial Common Interest Developments Treated Differently From Residential Developments
Recently, the California Legislature enacted SB 752, entitled “Commercial and Industrial Common Interest Developments.” Effective January 1, 2014, commercial and industrial common interest developments are treated differently from residential CIDs. Prior to 2014, commercial and industrial CIDs were treated the same as residential CIDs under the Davis-Stirling Act. Although many of the provisions in the […]
HOA Board Has Authority to Limit Rules for the Election of Directors
Recently, a California court found that a HOA (also known as a homeowner’s association) has the authority to adopt election rules for the election of directors when the rule is reasonable and does not conflict with the HOA’s governing documents. This is an important decision that establishes how HOAs can govern elections. A copy of Friars […]
Homeowners’s Association is Required to Take Partial Payments to Reduce Delinquent Assessments
Recently, a California court determined that a homeowners’ association governed by the Davis-Stirling Act to accept and apply partial payments to reduce delinquent assessments owed but not other amounts due, such as late fees, attorneys’ fees, interest, and costs. This case is important since it is one of the first cases to decide whether or […]
Is Putting Your Property in a Revocable Living Trust Enough?
You have signed your revocable living trust and will and believe that you have completed your estate plan; however, there are important options for ownership of your real estate that you may have overlooked. A revocable living trust is a great method to pass on real estate to beneficiaries by avoiding probate. It allows you […]
Do I Need to Mediate My Dispute?
There are many times when a real estate contract is in dispute. Parties think that the only way to resolve their dispute will be through the courts and litigation; however, many real estate contracts require mediation in order for a prevailing party to recover attorneys’ fees. It is important for parties to recognize this requirement […]
Investing in Real Estate With a Partner
You have found a perfect property but you realize you need a partner to close a deal. Choosing to have a partner can be for a variety of reasons. It helps to shoulder some start-up costs, helps to offset the risk of the investment, you may not need to put as much money upfront, and […]
What Happens if You Die Without a Will?
If you die without a will or other type of estate plan, the State of California will determine what will happen to any assets you have. Although each situation may be a little different, there are some generalizations that can be described that will help to see how your estate will be passed if you […]
Ninth Circuit Finds Newport Beach Ordinance Regulating Group Homes Discriminatory
The Ninth Circuit recently found that Newport Beach’s regulation of sober living homes violated the Fair Housing Act, the Americans with Disabilities Act, the California Fair Employment and Housing Act, and the Equal Protection Clause of the U.S. Constitution because the ordinance practically prohibited new group homes for recovering alcoholics and drug abusers from opening […]
What is a Mechanics Lien?
A Mechanics Lien is a hold against a property filed by an unpaid contractor, subcontractor, or material supplier. It is recorded with the county recorder’s office. If it goes unpaid, the unpaid contractor, subcontractor, or material supplier can file a foreclosure action to force the sale of the property in order to get paid. It is […]