SoCal HOA Blog

Oct
24
2019

New ADU Law Coming Jan 1st

A new law effective 1/1/20 will prohibit HOAs from prohibiting or unreasonably restricting construction or use of ADUs.
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HOA Disputes, Law
Aug
22
2019

Top 3 Secrets of an HOA attorney

Follow these 3 secrets to help avoid conflict in a common interest development.
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HOA Disputes, Uncategorized
Jul
16
2019

Don’t be a Hacking Victim Like Me

I was hacked, Don't be me. There are several steps you can take to improve Internet and computer security to lessen the chance of being hacked.
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News
Jun
20
2019

Solar Required for New CA Homes Starting in 2020

Daniel Zimberoff was interviewed by News 10 San Diego on the new solar power law coming in 2020 that will affect every new residential home constructed in California
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Law, News
May
23
2019

Cheveldave v. Tri Palms Unified Owners Association

Zimberoff Deutsch helps client prevail in appellate court ruling on common area and whether HOA is a common interest development under Davis Stirling Act.
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HOA Disputes, Law, Uncategorized
Apr
22
2019

My Outlaw Words

Outlaw Words are crutches that allow the user to avoid accountability and result in ambiguous communication.
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Law, Uncategorized
Mar
19
2019

The Condo Damage Fallacy

There is a common misperception among many condominium owners that the source or cause of damage within a condominium building determines who pays for repairs.
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HOA Disputes, Insurance, Uncategorized
Feb
14
2019

Board Election Minefield

A common interest development board election must be conducted in strict compliance with detailed and comprehensive rules and statutory guidelines
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HOA Disputes, Uncategorized
Dec
18
2018

Hollywood Lawyer

Recently, I had a client tell me I was weak because I did not yell at a mediator during mediation. Initially, I was dumbfounded by the comment. But after thinking about it for a while, I realized Hollywood is partially to blame for a lack of professionalism in our practice of law. Thanks to television […]
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Law, Uncategorized
Sep
15
2018

View Restrictions - Part II: HOA Covenants

Even when a HOA’s CC&Rs establish view rights and contain restrictions allowing for neighbors’ views, there are several areas of vulnerability—both in upholding and challenging the rights and restrictions.
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HOA Disputes, Law, Uncategorized
Sep
15
2018

View Restrictions - Part I

In California there is no view right of a landowner, except in three conditions: (1) via contract; (2) via city or county ordinance; or (3) created through covenants (usually via HOAs).
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HOA Disputes, Uncategorized
May
22
2018

News10 Report on Illegal Tow

Homeowner Law attorney Dan Zimberoff interviewed by San Diego News 10 reporting on alleged predatory towing by local HOA.
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HOA Disputes, Law, News
Apr
11
2018

Accessing Local Lo-Cost Mediation Services

Local Mediation as an Option As an HOA attorney who represents individual homeowners, I often am contacted by owners who want me to assist them with a dispute that may only involve a few hundred dollars. For instance, they want to contest an association imposing a $50 fine for some rules violation like speeding or […]
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HOA Disputes, Uncategorized
Feb
21
2018

Homeowner Alert re Short Term Rentals

News10 investigative reporter Jennifer Kastner interviewed HOA attorney Dan Zimberoff as part of a news feature on community associations cracking down on short term rentals.
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HOA Disputes, Law, News, Uncategorized
Feb
13
2018

Why Airbnb is Good for HOAs

Though critics claim the use of short-term rentals harm community associations and should be prohibited, Airbnb and other sites provide another source of funds and add cultural diversity to condominium and homeowner associations.
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HOA Disputes, News, Uncategorized
Jan
15
2018

Can Condos and HOAs Ban Marijuana?

California common interest developments cannot impinge on rights of owners and guests who engage in lawful marijuana use.
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HOA Disputes, News
Oct
23
2017

When Suing a Seller: Buyer Beware

Plaintiffs who sue sellers of real property for Misrepresentation, Fraud or Failure to Disclose, have a very high hurdle to overcome.
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Construction Defects
Oct
06
2017

3 Most Common Reasons HOAs Get Sued

Living in a condominium is a popular choice for many California residents, especially when there are amenities like pools and workout facilities available. While there are many benefits to living in a condominium community, there are often issues that can arise between homeowners and the homeowner’s association (HOA) that governs the property. Some of the […]
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HOA Disputes
Sep
27
2017

Attorney’s Fee Provisions: The Big Hammer

In Durack v. Wang, a California appellate court overturned a trial court's refusal to award attorney's fees to a board member who had all claims against her dismissed even though the CC&Rs for her condominium did not include a prevailing party fees provision.
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Law, News
Aug
20
2017

The Wisdom of Water

Having tried over 60 trials to verdict, litigated at least a couple hundred more, and counseled clients on perhaps five hundred disputes over the past 20 plus years, it took me until the last few years to understand a very important concept involving legal disputes..
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Law
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