Insurance- Homeowners’ claim for water damage caused by a broken pipe in their house was not covered under their insurance policy. Damage that was not observable until months after the pipe burst was not caused by “a sudden and accidental discharge, eruption, overflow or release of water.” Brown v. Mid-Century Insurance Company – filed April 2, 2013, publication ordered April 24, 2013, Second District, Div. Seven Cite as B238357 Full text http://www.metnews.com/sos.cgi?0413%2F%2FB238357
AB916 Effective January 1, 2023 Enacts Government Code Section 65850.02. AB 916 prohibits cities or counties from requiring a public hearing as a condition of reconfiguring an existing dwelling unit to increase the number of bedrooms – so long as the number of bedrooms is not increasing by more than Read more…
Approved Bills and Affected Statutes AB 345 – Accessory Dwelling Units – Separate Conveyance Effective January 1, 2022 Amends Government Code §§ 65852.2 and 65852.26. Current law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and requires Read more…
New Case Limits Protections of Business Judgment Rule for Conflicted Directors It’s a Thursday night, you just got off of work, and you are ready to crack open a cold one with your favorite show—wrong, you are a volunteer board member for your homeowners association and have a three-hour long Read more…
APPROVED BILLS AND AFFECTED STATUTES AB 3182 – Limitations on Rental Restrictions Effective January 1, 2021 Amends Civil Code §4740 and Government Code §65852.2. Enacts new Civil Code §4741. AB 3182 imposes restrictions on common interest developments from enforcing provisions within their governing documents that unreasonably limit and/or effectively prohibit Read more…
Displaying Non-Commercial & Political Signs in an Election Year If you are wondering how there are still four months left in 2020, you are not alone. But it is not over yet, we still have another quarter to go and the Presidential election is just around the corner. Everywhere you Read more…
APPROVED BILLS AND AFFECTED STATUTES SB 323 – Association Elections Effective January 1, 2020 Amends Civil Code §§5100, 5105, 5110, 5115, 5125, and 5145. SB 323 implements a series of reforms to the laws governing association elections. Notably, the new law makes it unlawful to deny a ballot to any Read more…
APPROVED BILLS AND AFFECTED STATUTES SB 2912 – Association Finances Effective January 1, 2019 Amends Civil Code Sections 5380, 5500, 5501, 5502, and 5806. SB 2912 implemented the following changes to the law: (1) homeowners associations must maintain fidelity bond coverage for boards of directors; (2) transfers greater than $10,000.00 Read more…
Trilogy at Glen Ivy Maintenance Association v. Shea Homes, Inc. 235 Cal.App.4th 361 (2015) Facts: Association and homeowners brought action against the developer alleging that it improperly diverted revenues from a contract that should have been paid to Association. The developer responded by moving to dismiss the complaint via Read more…
Watts v. Oak Shores Community Association 235 Cal.App.4th 466 (2015) Facts: Association has a rule stating that the minimum rental period is seven days, and imposed fees to owners that rent their homes. Homeowners brought an action challenging the regulations and fees adopted by the Association. The Association cross-complained Read more…
Ryland Mews Homeowners Association v. Munoz 234 Cal.App.4th 705 (2015) Facts: Homeowners’ association brought action against a homeowner for the homeowner’s removal of carpeting from his upstairs unit and the unauthorized installation of hard-surface flooring. The Superior Court granted preliminary injunction and the homeowner appealed. Homeowner claimed that hardwood Read more…