SoCal HOA Blog

Aug
22
2019
Follow these 3 secrets to help avoid conflict in a common interest development.
Jul
16
2019
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.
Jun
20
2019
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
May
23
2019
Zimberoff Deutsch helps client prevail in appellate court ruling on common area and whether HOA is a common interest development under Davis Stirling Act.
Apr
22
2019
Outlaw Words are crutches that allow the user to avoid accountability and result in ambiguous communication.
Mar
19
2019
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.
Feb
14
2019
A common interest development board election must be conducted in strict compliance with detailed and comprehensive rules and statutory guidelines
Dec
18
2018
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 […]
Sep
15
2018
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.
Sep
15
2018
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).
May
22
2018
Homeowner Law attorney Dan Zimberoff interviewed by San Diego News 10 reporting on alleged predatory towing by local HOA.
Apr
11
2018
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 […]
Feb
21
2018
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.
Feb
13
2018
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.
Jan
15
2018
California common interest developments cannot impinge on rights of owners and guests who engage in lawful marijuana use.
Oct
23
2017
Plaintiffs who sue sellers of real property for Misrepresentation, Fraud or Failure to Disclose, have a very high hurdle to overcome.
Oct
06
2017
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 […]
Sep
27
2017
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.
Aug
20
2017
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..
Jul
21
2017
As a community association attorney who has fought in the trenches for fifteen years, I have witnessed many instances where boards or individual board members act outside their authority, act irrationally, or simply ignore legitimate complaints or calls for action by homeowners. One reader asked what to do when his board and the association's manager failed to enforce the governing documents fairly and consistently? What if a board or manager refuse an owner's request to review HOA documents? Or denies an owner's request for a hearing? In each of the foregoing circumstances, the owner should be able to point to particular provisions of the governing documents which require explicit action and compliance by the board.