Barry A. Ross Law Blog

WHAT ARE THE
TROUBLING ISSUES CONCERNING ATTORNEY’S FEES IN HOMEOWNERS ASSOCIATION DISPUTES?

            Civil Code section 1354(c)
states:  “In an action to enforce the
governing documents, the prevailing party shall be awarded reasonable
... Read More

DOES THE SLAPP
STATUTE APPLY TO HOMEOWNERS ASSOCIATIONS? 

            The SLAPP (Strategic Lawsuit Against
Public Participation) statute is Code of Civil Procedure section 425.16.  When the SLAPP statute was first enacted in
1992 twenty years ago, some... Read More

WHAT ARE THE
ISSUES TO CONSIDER FOR LITIGATION IN HOMEOWNER ASSOCIATION DISPUTES?

            At some point it may appear that
litigation is your only option remaining to resolve the dispute with the
association.  There are many different
causes of action that may be asserted. 
These... Read More

WHAT IS
INTERNAL DISPUTE RESOLUTION IN A HOMEOWNERS ASSOCIATION DISPUTE?

            This procedure is described in Civil
Code sections 1363.810 et seq.  If a
property owner requests internal dispute resolution, the association must
participate in internal... Read More

WHAT IS
ALTERNATIVE DISPUTE RESOLUTION IN A HOMEOWNERS ASSOCIATION DISPUTE?

            This procedure is described in Civil
Code sections 1369.510, et seq.  This is
a mandatory procedure for both the property owner and the homeowners
association prior to... Read More

WHAT SHOULD BE
CONSIDERED IN YOUR DEMAND LETTER TO THE HOMEOWNERS ASSOCIATION? 

            Your demand letter to the
association should identify the problem, reference any relevant case law or
statutory law, reference the relevant provisions of the governing... Read More

            A major part of the work involves
the interpretation of the homeowners association’s governing documents.  This could be the conditions, covenants and
restrictions,  commonly known as
CC&R’s, the bylaws, the rules and regulations, the architectural guidelines
or the fine and collection policies. 
Some of... Read More

HOW MANY
PEOPLE LIVE IN HOMEOWNER ASSOCIATIONS IN CALIFORNIA AND ORANGE COUNTY?  WHAT IS THE POTENTIAL CLIENT BASE?

            According to the California
Community Association Institute, the number of homeowners associations in
California is approximately... Read More

WHAT DOES LAMDEN V. LA JOLLA SHORES CLUBDOMINIUM ASSOCIATION MEAN FOR HOMEOWNERS ASSOCIATIONS? 

In Lamden v. La Jolla Shores Clubdominium Association (1999) 21 Cal. 4th 249.  the homeowners association sought to use spot treatment for termites rather than fumigation, as requested by the plaintiff.  The plaintiff sued to compel the association to engage in fumigation rather than spot treatment.  Both the association and the plaintiff... Read More

WHAT DOES FRANCIS T. V. VILLAGE GREEN OWNERS ASSOCIATION MEAN FOR HOMEOWNERS ASSOCIATIONS?

In Francis T. v. Village Green Owners Association (1986) 42 Cal. 3d 490, the court held that a homeowners association was liable for negligence and the directors may be individually liable for negligence to a tenant who had been raped by an intruder for failure to provide adequate exterior lighting. ... Read More