Property Damage Attorney – What’s The Statue of Limitation On Permanent Encroachments In Property Line Disputes?
Property line disputes between adjacent property owners are not uncommon. And these conflicts often result in competing trespass and nuisance claims. The core issue generally hinges on whether the encroachment is temporary or permanent. This is an important differentiation, as California law distinguishes between the two conditions. And given that
HOA Dispute Attorney – How Should Improper Hardwood Floor Installations That Generate HOA Noise Complaints Be Handled?
Improper or illegal hardwood floor installations in condominium living situations generate a constant stream of litigation in the greater Los Angeles area. Most homeowners’ associations specifically address hardwood floor installation in their CC&Rs. These rules are intended to prevent sound transmission that creates a noise nuisance for homeowners living beneath
HOA Dispute Attorney – Can Equitable Servitudes Be Used When An HOA Fails to Maintain Common Areas And Causes Damage to Separate Property?
In community living situations, a Homeowners Association (HOA) is responsible for maintaining Common Areas. If an HOA fails to properly maintain Common Areas, which includes sanitary sewers, roof, siding, plumbing, etc… this neglect can cause damage to an individual homeowner’s unit. In some cases, CC&Rs do not specifically address who is
Condo Damage Attorney – Only Homeowners May Bring Enforcement Actions In An HOA Dispute – And A Sale May Extinguish Such Rights
A homeowner looking to bring an enforcement action or claim damages against their HOA must do so while they still own the property governed by the HOA in question. The California Court of Appeal held that a homeowner no longer has standing to make a claim against an HOA after
HOA Dispute Attorney – California Courts May Issue Orders To Compel HOA Rules Enforcement
In the case of Ekstrom v. Marquesa at Monarch Beach Homeowners Ass’n (2008) 168 Cal. App. 4th 1111, a homeowner’s was granted an injunction against their HOA to enforce tree trimming to protect the homeowner’s view. The HOA appealed the initial ruling, contending the injunction went “overbroad” and was too
HOA Dispute Attorney – What’s The Scope of Injunctive Relief In Actions Against An HOA?
Disputes with Home Owners Associations (HOA) arise often when one homeowner attempts to compel their HOA to enforce association rules upon another homeowner. If internal negotiations and mediation efforts fail in such a dispute and the conflict results in litigation, homeowners have the option of asking the court for a
HOA Assessment Dispute – When Is A Waiver of Rights Deemed Effective In An HOA Dispute?
Gholian Law’s HOA Dispute Attorneys were recently asked to determine if a waiver of rights granted to an individual homeowner by an HOA was in fact valid under Cal. Civ. Code § 5655(a). Specifically, our team was charged with investigating the validity of a wavier granted to homeowner as part
Misleading or Deceptive Disclosures In Real Estate Transactions May Constitute Fraud
There is at least one example in California case law to support the position that proving a deceptive answer to a buyer’s disclosure-related inquiry may constitute fraud. [See Brady v. Carman, (1960) 179 Cal. App. 2d 63, 68 – “A representation need not be a direct falsehood to constitute fraud.
HOA Disputes – How Do Homeowners Obtain Authorization To Request HOA Records?
Many HOA disputes are borne over conflicts surrounding Association documentation. Such disagreements often relate to financial documents, including contracts or any other agreements set in writings. And these agreements generally pertain to fiscal issues or other association governed business stated in written contracts. Cal. Civ. Code § 5200 et seq.
HOA Disputes – Can A Homeowners Compel an HOA To Enforce CC&Rs?
According to Cal. Civ. Code § 5975, a homeowner is authorized to bring an enforcement action against another homeowner or the HOA itself to enforce a covenant, condition or restriction (CC&Rs). In many cases, an enforcement action of this type also warrants injunctive relief. In case where Gholian Law’s HOA