BEWARE OF PREVIOUSLY RECORDED GOVERNMENTAL AGREEMENTS (February 2026)
A recent case, Rodriguez v. City of Los Angeles, gives good reason, when purchasing income property, to be wary of agreements with governmental agencies recorded on the title of the property. In that case, the City granted a building permit application that sought a density bonus, from 2 to 3 units, in exchange for the developer’s…
THE ALCHEMY OF BALLOT MATERIALS INTO “ASSOCIATION MEDIA” (February 2026)
Beware: candidate statements can transform your ballot packet into “association media,” requiring equal access for any member who wants to express any point of view reasonably related to the election, even if it is not a candidate statement. The Davis-Stirling Common Interest Development Act requires equal access to “association media” for all candidates and members…
EXTENDED BIDDING IN HOA FORECLOSURES (March 2026)
A recent case, Bird Rock Home Mortgage, LLC v. Breaking Ground, LP, laid to rest the question of whether extended bidding applies to non-judicial foreclosures on liens for unpaid association assessments. The issue turned on whether association liens constitute “mortgages” for purposes of non-judicial foreclosures. Civil Code section 2924m authorizes extended bidding in non-judicial foreclosures, allowing…
KING OF THE CASTLE, OR NOT? (March 2026)
Due to a line of cases that started 45 years ago and includes the recent case of Salazar v. Majestic Realty Co., shopping center owners are not kings of their castles. In Salazar, a political activist wanted to distribute leaflets at a privately owned shopping center. The center denied his request based on its policy of prohibiting…