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
Condo Damage Attorney – Can Property Owners Claim Ignorance If They Violate CC&R Rules?
If a document affecting real property is legally recorded and readily available as matter of public, that recordation is considered, under well-settled California law, to be “constructive notice” of a said documentation. Moreover, the implication of such recorded documentation is applicable to all whom it governs [See Cal. Civ. Code
Condo Damage Attorney – Enforcement Of CC&Rs and the Reasonableness Standard
Under California Civil Code § 1354, an HOA (Home Owners Association) is empowered to enforce the CC&Rs (Covenants, Codes & Restrictions) when a HOA member is in violation of any provision of the association’s covenants, codes and restrictions. To enforce their CC&Rs, the HOA’s governing body must demonstrate the provision
Can a Real Estate Agent’s Statements Of Opinion Constitute Fraud?
Under California law, A real estate agent’s statements of opinion about a subject property typically doesn’t constitute actionable fraud or deceit. [See Rendell v. Scott (1886) 70 Cal. 514 (A statement of opinion, not involving an assertion of fact, will not constitute fraud.)] That said, if an agent states an
Injury & Property Damage – What Elements Are Necessary to Make Of A Claim For Negligent Infliction Of Emotional Distress in Civil Litigation?
According to California law, negligent infliction of emotional distress is not an independent tort. Rather, it’s merely the tort of negligence, coupled with the traditional elements of duty, breach, causation and damages. [See Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072.] To claim negligent infliction of emotional distress, a