A Deep Dive into California Civil Code Section 5660: Understanding Pre-Lien Notice Requirements
California Civil Code Section 5660 plays a pivotal role in regulating how homeowner associations (HOAs) handle delinquent assessments. Instituted in 2013, this legislation requires HOAs to follow strict guidelines before recording a lien on an owner’s separate interest to recover past due assessments. Failure to comply can expose HOAs to legal ramifications. This article aims […]
Dispute Resolution with Homeowners Associations: The Davis-Stirling Act Civil Code § 5930-5935
Disputes with Homeowners Associations (HOAs) can be complex. Understanding your rights under the Davis-Stirling Act Cal Civil Code § 5930-5935 can empower you to take the proper legal steps, including drafting a letter to your HOA to initiate dispute resolution or hiring an attorney. Key Provisions The Davis-Stirling Act lays out specific requirements for dispute […]
HOA Decision Making Behind Closed Doors: A Violation of Civil Code § 4910
Homeowners’ Associations (HOAs) are created to manage and govern common interest developments. They establish rules and guidelines to ensure the community functions harmoniously. However, it is vital that HOAs operate transparently and in accordance with the law. A hypothetical scenario below highlights the significance of abiding by California Civil Code Section 4910, which prohibits the […]
Failing to Hold Proper HOA Elections: A Violation of Civil Code § 5105
Homeowners’ Associations (HOAs) serve as vital components in community governance for condominiums, planned unit developments, and other common interest communities. The democratic process of electing board members is integral to HOA operations. California Civil Code § 5105, part of the Davis-Stirling Act, prescribes the rules for conducting proper HOA elections. Non-compliance can have serious legal […]
Stopping a Trustee’s Sale: The Importance of Proper Notification in a CA Non-Judicial Foreclosure
Imagine the following scenario: You are a homeowner in the Bay Area, California, and you’ve just received a notice of a Trustee’s Sale. The lender is pursuing a non-judicial foreclosure against your property. Panic sets in as you realize that your family’s home is at risk. However, as you delve into the situation, you discover […]
HOA Law: A Hypothetical Case Study on Remodeling Disputes
Homeowners Associations (HOAs) are common in many residential communities, and their rules and regulations can have significant impacts on homeowners’ rights. One area where disputes often arise is home remodeling. This article presents a hypothetical situation involving an HOA’s overreach in blocking a remodel application, highlighting key legal principles and potential remedies. Hypothetical Situation John […]
Predatory Lending: A Hypothetical Case Study
Predatory lending involves unfair, deceptive, or fraudulent practices during the loan origination process. Such practices often target vulnerable consumers, leading to unaffordable loan terms and financial distress. This article will explore the concept of predatory lending through a hypothetical situation, shedding light on the legal remedies available to victims. Hypothetical Situation Imagine a homeowner, Jane […]
Nuisance Law: A Case Study on Joint Fence Disputes
Nuisance law plays a critical role in resolving conflicts between neighbors. It encompasses various situations, including noise disturbances, encroachments, and other activities that may interfere with the use and enjoyment of a person’s property. One common area of dispute involves joint fences between two properties. This article examines a hypothetical situation involving two neighbors and […]
