Why is my HOA Testing for Asbestos?
OVERVIEW Most people have heard of asbestos, and most people have even seen the commercials for law firms looking for class action parties whose “loved ones suffer from mesothelioma.” At the same time, many people think that the dangers associated with asbestos are...
Top 5 Concerns that Homeowners Have About Their HOAs
OVERVIEW We recently ran a statistical analysis of over 5,000 separate fact patterns to determine the nature of the most common disputes involving HOA members and their HOAs. The following represents the top five most common areas of concerns for HOA members. You’ll...
Your Roof is Damaged and You Live in an HOA. Now What?
OVERVIEW As a homeowner, protecting your property is always a top priority. The roof is among the most important parts of your home—not only because of its size, but also because of the relative costs of repairs/replacements, as well as its importance in protecting...
Misappropriation of HOA Funds
OVERVIEW Managing an HOA’s finances is among the most important duties that HOA members (i.e., homeowners) entrust to their board of directors. Such management responsibilities include everything from collecting and distributing funds for common expenses (e.g.,...
Weaponizing the Concept of Phantom Income
OVERVIEW Given how important the issue of phantom income is to anyone who owns shares in a corporation (or a membership interest in an LLC), one would expect most business owners to at least be familiar with the concept. Surprisingly, that isn’t the case. In fact, the...
Owner’s Guide to Florida HOA Laws
GOOD HOA v. BAD HOA A good HOA plays an important role in maintaining your property values and ensuring your quiet enjoyment of your property. A bad HOA can decrease the value of your home, force you to needlessly waste thousands of dollars, and turn your life upside...
Can California Homeowners Disband Their HOAs?
OVERVIEW Every so often we hear from homeowners who want to know whether it's possible to disband their homeowners association ("HOA").* Often such an inquiry arises because the homeowners are unhappy with how their HOA is being managed. In any case, we always provide...
Requirements for California Home Improvement Contracts
OVERVIEW The larger the residential construction project, the more anxiety homeowners feel—and not just because they have to live with the inherent noise and mess that go hand-in-hand with home improvement or construction, but also because of the horror stories...
The Basics About Buying a Franchise in California
OVERVIEW While a lot of people are familiar with the words “franchise,” “franchisor,” and “franchisee,” more often than not, if you asked them to explain the difference between those three terms, they’d have trouble doing so. For most people, when they hear the word...
Disputes Between Homeowners and Contractors
OVERVIEW A dispute with a contractor can turn into a nightmare for a homeowner. In fact, most homeowners are familiar with the horror stories surrounding shoddy workmanship, project abandonment, and outright fraud perpetrated by dishonest, incompetent, and/or...
Definitions of Common Words and Phrases Used in Civil Litigation in California
COMMON TERMS AND PHRASES USED IN CIVIL LITIGATION IN CALIFORNIA Throughout the litigation process, you’re bound to run into a variety of terms and phrases that you’ve never heard before, or that you may have heard, but don’t really understand. This article seeks to...
The ABC’s of Civil Litigation in California
INTRODUCTION Often, when people hear the word “litigation,” they tend to picture a courtroom—with a judge, jury, lawyers, and witnesses all playing their parts. And there’s nothing wrong with that picture. Trials are, after all, what gets featured in TV shows and...
Owner’s Guide to California HOA Laws
GOOD HOA v. BAD HOA A good HOA plays an important role in maintaining your property values and ensuring your quiet enjoyment of your property. A bad HOA can decrease the value of your home, force you to needlessly waste thousands of dollars, and turn your life upside...
Accessing an Employee’s Private Social Media Accounts
OVERVIEW A lot of my corporate clients ask me whether they can monitor employees' private emails and social media accounts while the employee is using the employer's network, computer equipment, etc. This typically starts a long discussion about whether the company...
Disputes Involving Your Neighbor’s Trees in California
OVERVIEW It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: property damage associated with encroachment of a...
Can an HOA Prevent Members Who Have Not Received the COVID-19 Vaccine From Using the Association’s Amenities?
Here's a question a client of ours posed last week. Since I think it's bound to come up a lot more once the weather warms up and COVID-19 restrictions are eased, I thought it might be worth while to post my brief response. I'll post another blog on this subject in the...
Should You Operate Your Business as a Corporation, LLC, or Sole Proprietorship?
OVERVIEW One of the most important decisions an entrepreneur will make is deciding how to structure the business. Should the company be operated as a sole-proprietorship or partnership? Or should the owner form a legal entity, such as a limited liability company or...
AVOID Generic NDAs
OVERVIEW Nowadays, it seems like everyone has been asked to sign a non-disclosure agreement (“NDA”)—from employees and independent contractors, to people looking into buying a business. For example, your company might use an NDA while exploring whether to hire an...
Should My Company Bother with Employee Severance Agreements?
OVERVIEW Most business owners know that California is, at least in theory, an at-will state. In other words, except in cases of discrimination (e.g., race, gender, religion, etc.) or retaliation (e.g., whistleblower, etc.), an employer can fire an employee whenever it...
Getting Your Attorneys’ Fees Back When You Sue Your HOA in California
OVERVIEW By far, the most common concern that homeowners have when considering whether to sue their HOAs is whether they'll get their attorneys' fees and costs back if they win. The answer is relatively straightforward: in most cases, yes. In fact, not only are...