THE NEW AND IMPROVED DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT (2013)
As is widely known, effective January 1, 2014, the new and improved Davis-Stirling Common Interest Development Act will replace the current one, which was first enacted in 1985 and has been evolving ever since then. The new legislation, Assembly Bill No. 805, primarily re organizes Davis-Stirling, making it more intuitive and user friendly. Instead of…
THE NEW DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT (January 2013)
Effective January 1, 2014, the new and improved Davis-Stirling Common Interest Development Act will replace the current one, which was first enacted in 1985 and has been evolving ever since then. The new legislation, Assembly Bill No. 805, primarily re‑organizes Davis-Stirling to be more intuitive and user friendly. Instead of being found at Civil Code…
THE POWER BEHIND OPERATING RULES (December 2013)
Boards have discretion in enacting operating rules. A rule enacted by the Board is valid and enforceable as long as it is reasonable (as measured by the effect on the development as a whole, not an individual homeowner), within the board’s authority, not inconsistent with the governing documents, and adopted in good faith and in…
IS IT RAINING CATS OR DOGS? (November 2014)
Wherever there are no-pet rules or pet restrictions, there seem to be an unusual number of residents needing service animals, often to facilitate therapy for purported mental disabilities like depression. Can the no-pet rules or pet restrictions be enforced in such cases? The anti-discrimination laws protect persons with either physical or mental disabilities. Mental disabilities…
NUTS AND BOLTS OF CONSTRUCTION CONTRACTS (December 2014)
While each construction contract must be customized for the particular circumstances and details of the project, there are key terms that should be considered for most construction contracts. The following is a thumbnail list of some of them (please note that this list is not exhaustive, and each item has its own details): …
NO TRIVIAL EVICTION ALLOWED (March 2016)
Not every uncured tenant default qualifies as a valid ground for eviction. Code of Civil Procedure section 1161 defines unlawful detainer to include staying in possession of the leased premises after the tenant breaches the lease and being served with a three-day notice to cure or quit. However, the courts have interpreted that statute as…