ACCOUNTABILITY IN INVERSE CONDEMNATION CASES (1998)
An important but unanswered question is whether comparative fault principles apply to inverse condemnation actions. Should a public entity, whose public work caused physical damage to private property, be liable for 100 percent of the damage even though other parties, including the owner of the damaged property, contributed to the damage? Few published opinions address…
BEWARE OF AGREEMENTS TO NEGOTIATE (2002)
When negotiating business deals or any agreements, you should keep in mind a recent development in California law. If you agree to negotiate the terms of an agreement, you have an obligation to do so in good faith. You can be sued if you do not make a good faith effort to reach an agreement.…
NEW ELECTION PROCEDURES FOR COMMUNITY ASSOCIATIONS (2006)
The Legislature has spoken on elections. Legislation that took effect on July 1, 2006 established several mandatory procedures and requirements for elections in which the members vote directly. This article summarizes those procedures and requirements. It is not intended to be a complete guide, and counsel should be consulted before implementing the procedures and requirements.…
NEW REQUIREMENTS FOR BOARD MEETING AGENDAS (2008)
The Davis-Stirling Common Interest Development Act has been amended to limit what the board of directors can discuss at open board meetings. Previously, there was no requirement that the board post or distribute an agenda or limit its discussion to items placed on the agenda. Effective January 1, 2008, the Legislature amended Civil Code section…
ASSESSMENTS: DEVELOPMENTS FOR THE BOARD’S CONSIDERATION (2008)
Assessments, regular and special, are frequently at the forefront of the Board of Directors’ agenda, especially in these trying economic times. This article highlights three recent developments in the law: (1) a new tool enhancing the association’s ability to monitor foreclosure sales by other lien holders; (2) the legislature’s attempt to provide special consideration for…
PRIORITY OF ASSESSMENT LIENS: A PITFALL OF JUDICIAL FORECLOSURES AND MONEY JUDGMENTS (2011)
If an association does not create a new lien after a judicial foreclosure or money judgment, it can lose its priority over other creditors. An assessment, special or regular, becomes a debt of the unit owner when the association levies it. Civ. Code § 1367.1(a). However, the association does not have a security interest in…