Transfer Disclosure Statement Required for Mixed Use Properties With Four or Fewer Residential Units
A recent California decision found that a Transfer Disclosure Statement that is required on all sales of properties with four or fewer residential units also applies to a mixed use property that has four or fewer residential units. Richman v. Hartley provides further guidance when a Transfer Disclosure Statement is required for the sale of real estate. […]
How Renting Rooms Can Affect Your Insurance Policy
A recent unpublished decision in the California Court of Appeal should be a wake up call to property owners who claim that they occupy their home when in fact they rent it out. As a result of lying on an insurance application, the home owner in Lopez v. Allstate Insurance Co. was not covered by his insurance […]
Party Hosts Can Be Held Liable for Drunk Guests’ Acts When They Charge Admission to Party
The California Supreme Court recently interpreted and expanded California law to impose liability on a party host for a drunk guest that caused a motor vehicle accident when the party host charged admission to the party. Ennabe v. Manosa has important implications for liability of party hosts, property owners, and parents of minors. In California, owners […]
Los Angeles Tenants Could Pay Part of Earthquake Retrofit
Recently, a Los Angeles City Councilman has raised the possibility of having tenants subject to the Los Angeles Rent Stabilization Ordinance pay for earthquake retrofitting of apartment buildings. Currently, under the Los Angeles Rent Stabilization Ordinance a landlord can raise pass 50% of the costs of capital improvements to tenants. However, the Los Angeles City […]
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 […]