DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACTCHAPTER 3. OWNERSHIP RIGHTS AND INTERESTS §1358. Interests Included in Conveyance, Judicial Sale or Transfer of Separate Interests; Transfers of Exclusive Use Areas; Restrictions Upon Severability of Component Interests (a) In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of…
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration… Mansouri v. Superior Court of Placer County(2010) 181 Cal.App.4th 633 OPINION CANTIL-SAKAUYE, J. ORIGINAL PROCEEDINGS: Petition for Writ of Mandate. Granted. A dispute arose between petitioner Zari Mansouri and her homeowners’ association, the…
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration… Many disputes arise between Homeowners Associations (HOAs) and homeowners that implicate a HOA’s arbitration and enforcement provisions contained in its governing documents. In Mansouri v. Superior Court of Placer County, 181 Cal.App.4th 633…
The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA… Under the Davis-Stirling Act, Homeowners Associations (HOAs) are typically obligated to repair and maintain common areas except for those common areas deemed to be “exclusive use” common areas. The repair…
The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA… Dover Village Association v. Jennison(2010) 4th District, No. G042741 OPINION RYLAARSDAM, ACTING P. J. Patrick Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport…
New legislation limits a HOA’s ability to fine recent purchasers of foreclosed properties for failing to maintain those properties… Homeowners Associations (HOAs) have encountered problems with recent purchasers of foreclosed properties that have failed to maintain those properties. Existing law imposes a fine of up to $1,000 per day on…
High instances of foreclosures on rental properties have spurred new protections for unsuspecting renters subject to eviction… High instances of foreclosures on rental properties in Southern California have spurred new protections for unsuspecting renters subject to eviction. SB 1149 (Corbett), effective January 1, 2011, (1) changes the notice period of…
New legislation enables a HOA to record a single request for title information on all defaulting properties within the Association… Effective January 1, 2011, AB 2016 (Torres) permits a Homeowners Association (HOA) to record a single request for title information on all defaulting properties within the Association. Before this bill,…
A HOA was successful in enforcing its architectural restrictions with respect to a homeowner’s unapproved installation of windows. Chapala Management Corporation v. Stanton(2010) 186 Cal.App.4th 1532 OPINION Defendants and appellants Thomas Stanton and Donna Stanton replaced two windows in their condominium with “sandtone” colored windows after the condominium association, Chapala…
A HOA’s diligence in detailing its restrictions and in handling its enforcement procedures are vital to ensuring its success in court… Many disputes arise between Homeowners Associations (“HOAs”) and homeowners over the HOA’s architectural rules and regulations. These disputes often involve enforcement of restrictions on unapproved structural installations, such as…