News Blog
Welcome, Stadium Lofts!
Seabreeze is very proud to welcome The Stadium Lofts as our newest Association!
Your Trees Need to Vacate the Premise
The Solomon’s challenged a ruling of their HOA that their palm trees needed to be removed from their property. After further investigation, it appeared that the HOA never documented a meeting between the board of directors, the leaders of the association according to their CC&Rs, regarding their trees or distinguished any specific violation that they had made.
ABSORBING CREDIT CARD TRANSACTION FEES
Community Associations (“Associations”) are required to levy regular and special assessments sufficient to perform their obligations under their governing documents and Ca. Civ. Code §1366(a). Associations may encounter difficulties in getting their members to pay assessments on a regular and timely basis. In response to these difficulties, some Associations are providing credit card processing of assessment payments as a courtesy to their members and/or an incentive for delinquent members to fulfill their assessment obligations while deferring the actual payment. The fees involved in processing assessments by credit card are then sometimes absorbed by the Association. Absorbing these fees is problematic because (1) it results in an inequity for the Association’s members that pay their assessments by cash or check and (2) likely violates the assessment requirements of the Association’s CC&Rs. Associations that provide credit card processing of assessments should ensure that the members paying by credit card are responsible for any transaction fees and costs involved.
Do you have the right to a jury trial, even though your CC&Rs say arbitration?
Rather than only being represented in binding arbitration against defending contractors, as their CC&Rs require, Associations are granted the right to a jury trial if the need arises to protect their homeowners from being a victim to unnecessary complications. The arbitration agreement restrains the Association’s power to redeem substantial damage claims in a construction conflict. Although the settlement appears impartial, the arrangements unequally effect the Association and it’s homeowners.
Pinnacle Museum Tower Assn. v. Pinnacle Market Development
Are the Architectural Regulations of Your Association Enforceable?
Cases can emerge between homeowners and their association regarding architectural regulations and the authority to enforce them. If a homeowner disagrees with the decision, the HOA would use alternative conflict resolution before taking legal action. As the association is impartial in regulating the community and maintaining equality for all represented homeowners, the opposing exceptions to guidelines are normally considered as inconsistencies and declined.
Tinnelly explains in further detail: http://bit.ly/h0YwV1
Please Chop a Few Feet Off Your Roof
After agreeing to follow architectural guidelines, a homeowner still proceeded in building his home higher than regulated, causing the depreciation in value of neighboring homes due to new lack of view.
The court ruled that they were required to remove the part of their house exceeding the limit, but they argued that it would cost more to tear down than it did to build. The verdict was that since they continued, knowingly, to violate the guidelines of their boundaries, that it was inconsequential how much it would inconvenience them.
Congratulations! You Own a Sewage Pipe!
Where do you draw the line between “exclusive” use common areas and general common areas when dealing with liability of repair? A Newport homeowner was faced with a faulty sewage pipe directly under his home, which the Association deemed as “exclusive” and his responsibility to fix. Their CC&R’s stated that fixing any damage in a privately used area was not on their list of duties.
Sorry, Our Association is Now Pet Free
A homeowner argued that she did not have to abide by a restriction, regarding pets, because it came into effect after she joined the association. The court ruled that all members of the association due to their accordance with their contract and agreement to enter the community should follow all amendments, prior to and subsequent to purchase.
Villa de Las Palmas Homeowners Assn. v. Terifaj http://bit.ly/elnxDL
Flooding and Mudslides: What Is Your Plan?
Be prepared for flooding and mudslides, no matter how frequently Southern California is faced with stormy weather. Even if you don’t live in high elevation, your house could still be at risk to the unpredictable path that dangerous run off can take.
Be knowledgeable of your insurance coverage and formulate an emergency plan so you’ll be ready for the worst. http://bit.ly/gL6oKn
Lamden v. La Jolla Shores Clubdominium HOA
A condominium owner questioned her board of director’s judgment in the execution of termite extermination in her home. She sued the association with the idea that shot treating, rather than fumigating, would reduce the value of her unit. Do boards really need the advice of experts on simple decisions?
