Can I Sue My HOA for Emotional Distress?
SUING YOUR CALIFORNIA HOA FOR EMOTIONAL DISTRESS OVERVIEW Can you sue your HOA for emotional distress? The answer to that question is an easy one—Yes. What it takes to do so, however, is much more complicated and nuanced. Disputes between California homeowners and...
The Battle Over Parking: HOAs v. Homeowners
CALIFORNIA HOA PARKING DISPUTES AND HOMEOWNER RIGHTS OVERVIEW HOAs in California can wield significant power over the properties of their members. From regulating architectural styles, to enforcing community guidelines, the stated purpose of HOAs is to preserve...
Is There a Line Between Free Speech and HOA Regulations?
FREE SPEECH RIGHTS VS. HOA RULES IN CALIFORNIA OVERVIEW In the United States, the right to political expression is a cornerstone of democracy, protected under the First Amendment of the Constitution. Yet, for millions of homeowners living in communities governed by...
Navigating the Tensions Between HOAs and Homeowners Amid the Rise of Electric Vehicles
CALIFORNIA HOAS AND THE RISE OF ELECTRIC VEHICLES OVERVIEW As electric vehicles (EVs) surge in popularity, many homeowners in California are finding themselves at the intersection of technological advancement and traditional homeowners association (HOA) regulations....
Top 5 Trending Issues for California HOA Members
CALIFORNIA HOA MEMBERS’ TOP 5 TRENDING ISSUES OVERVIEW Homeowners associations (HOAs) in California have a significant impact on members’ lives, affecting everything from governance procedures to personal freedoms within the community. Of the plethora of issues that...
New HOA Laws for California Homeowners for 2025
CALIFORNIA HOA NEW LAWS 2025: ESSENTIAL UPDATES UNDER AB 2159, AB 2460, SB 900, AB 572, AB 130, AND SB 326 OVERVIEW As is always the case, the number of California homeowners living in common interest developments communities governed by homeowners associations (HOAs)...
The Consequences of California’s Balcony Law
CALIFORNIA SB 326 BALCONY LAW: CONSEQUENCES FOR HOAS AND HOMEOWNERS OVERVIEW In the wake of several high-profile balcony collapses, California’s Balcony Law—with mandatory inspections set to start in less than one year—has become hot topic with real estate lawyers,...
A Few More Q’s & A’s Regarding California HOAs
CALIFORNIA HOA QUESTIONS AND ANSWERS FOR HOMEOWNERS Q: Our HOA used to have a problem with board members who had served 10, 15, or even 20 years on the board. About 5 years ago, after a few of those legacy board members moved or died off, we finally gathered enough...
An Overview of the Corporate Transparency Act: Beneficial Ownership Requirements, Reporting Obligations, and Exemptions
CORPORATE TRANSPARENCY ACT: WHAT BUSINESS OWNERS NEED TO KNOW UPDATE—December 3, 2024 On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction enjoining enforcement of the CTA described in the article...
Mandatory Annual Disclosures that CA HOAs Must Make to Members
CALIFORNIA HOA MANDATORY ANNUAL DISCLOSURES TO MEMBERS OVERVIEW The Davis-Stirling Act, a set of laws that governs California's HOAs, requires HOAs to provide its members with a whole host of annual disclosures. These mandatory annual disclosures, which must generally...
New HOA Laws for California Homeowners for 2024
CALIFORNIA HOA NEW LAWS 2024: KEY STATUTORY CHANGES HOMEOWNERS MUST KNOW OVERVIEW Each year, the number of California homeowners living in common interest developments communities governed by homeowners associations (HOAs) continues to grow. Since all common interest...
The Top 10 Reasons You Should Read Your HOA’s CC&Rs
TOP 10 REASONS TO READ YOUR HOA’S CC&RS IN CALIFORNIA OVERVIEW When you purchase a home in a community governed by an HOA, you automatically agree to abide by the HOA’s covenants, conditions, and restrictions (the “CC&Rs”). The CC&Rs are a set of rules and...
Key Tips for Operating Your Member-Managed LLC in California
OPERATING A MEMBER-MANAGED LLC IN CALIFORNIA: KEY TIPS OVERVIEW Starting a limited liability company (“LLC”) in California is a popular choice for entrepreneurs who want the liability protection of a corporation combined with the tax efficiencies and operational...
The Top 20 Things to Remember Before Your Deposition
TOP 20 THINGS TO REMEMBER BEFORE YOUR DEPOSITION OVERVIEW Depositions play an indispensable role in civil litigation. Simply put, a deposition is the questioning of a witness under oath, in the presence of a court reporter, who is trained to take down every word of...
Score One for California’s Elder Abuse Statute
CALIFORNIA’S ELDER ABUSE STATUTE: RECENT VICTORY AND ENFORCEMENT INSIGHTS MBK CHAPMAN ATTORNEY VICTORIOUS IN PROTECTING A SENIOR CITIZEN'S RIGHTS UNDER CALIFORNIA'S ELDER ABUSE STATUTE On September 5, 2023, a Long Beach jury ordered Ken Allen Lamphear, a seasoned real...
Everything You Wanted to Know About Reserve Studies
CALIFORNIA HOA RESERVE STUDIES: WHAT HOMEOWNERS NEED TO KNOW OVERVIEW HOAs in California are largely governed by the Davis-Stirling Act, a series of statutes located in the Civil Code. In other words, all HOAs in California must abide by the Davis-Stirling Act, as...
Section 230: Free Speech, the Internet, and Terrorism
SECTION 230, FREE SPEECH, AND ONLINE LIABILITY OVERVIEW This week, the United States Supreme Court is set to hear two separate cases challenging the legal immunity that Section 230 of the Communications Decency Act of 1996 (“CDA”) has provided to online platforms and...
The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections?
CCPA AND CPRA: CALIFORNIA’S EVOLVING CONSUMER PRIVACY LAWS OVERVIEW In 2018, the State of California passed a sweeping consumer privacy protection law called the California Consumer Privacy Act of 2018 (“CCPA”). Then, in November of 2020, voters in California passed...
Why is my HOA Testing for Asbestos?
WHY YOUR CALIFORNIA HOA MAY BE 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...
Top 5 Concerns that Homeowners Have About Their HOAs
TOP 5 CONCERNS CALIFORNIA 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...
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