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.
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).
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 […]
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.
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.
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 […]
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.
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..
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.
Every so often I am asked to help pick up the pieces after a homeowner or association’s repair project went awry because a cut-rate contractor was used. As tempting as it might be to use a PDR contractor (guy with a pick-up truck, dog and radio), the more prudent action is to hire a fully qualified contractor. It might cost you a bit more in the front end, but literally will save you a whole lot of money and headaches in the long term. Below is some information to help you identify the qualified contractor.
I get that plaintiff lawyers as far down on our culture’s popularity chart, seemingly neck-and-neck with politicians, used car salespersons and bankers. But what I don’t understand is how insurance companies, the quintessential example of corporate largess, have rocketed up the approval ratings. Over the past few years, large cap insurance companies have transformed to become friendly, pro-consumer institutions in the eyes of many. I place the credit, or blame, squarely on the shoulders of Madison Avenue and its marketing genius.
Community association management companies retained by developer clients often have to walk a tight-rope as they balance the interests of their two clients: the developer and the homeowner association. In the perfect world, this dichotomy of client interests would not be at issue because the developer and homeowner association would share parallel interests. But practically speaking, inherent conflicts arise between developers and homeowners regularly, which place the association manager squarely in the middle of an undesirable situation.
Our HOA felt we were in a hopeless situation with minimal legal rights and we didn't trust anyone after what our builders put us through. Dan Zimberoff was always "cautiously optimistic" about our case, but in the end he had turned our situation into a major win that no one expected.
Josie Adams, 1100 East Howell Owners Association
Dan Zimberoff obtained an excellent result for our cohousing condominium association. Though the statute of limitations had expired on our breach of warranty claims, Dan was able to successfully prevail on alternative claims against the Declarant of our condominium.
Meg Ludlum, Duwamish Co-op Condominium Association
We would like to thank Dan Zimberoff for his valuable advice and guidance with our construction defect settlement. He educated and guided us during the mediation process and provided valuable insights into the legal terms and process.
Jhansi Reddy, Mira Condominium Owners Association
The long journey toward new CC&R\'s is now over, with deep-felt thanks to you. Without your experience-based wise counsel, we would not have succeeded. I, for one, very much appreciate your sincere support, prompt responses and accountability in billing.
Robert Ellsworth, Village Wiestoria HOA
Our homeowner's association has worked with Dan Zimberoff for the last four years on our construction defect lawsuit. During that time, Dan has worked tirelessly to achieve an equitable settlement that would both correct the problems in our townhomes and would not cost the homeowners any out-of-pocket expenses.
Kitty Tedrick, Woodland's Townhome Owner's Association
View Restrictions – Part II: HOA Covenants
View Restrictions – Part I
News10 Report on Illegal Tow
Accessing Local Lo-Cost Mediation Services
Homeowner Alert re Short Term Rentals
Why Airbnb is Good for HOAs
Can Condos and HOAs Ban Marijuana?
When Suing a Seller: Buyer Beware
3 Most Common Reasons HOAs Get Sued
Attorney’s Fee Provisions: The Big Hammer
The Wisdom of Water
Dealing with Irrational Boards of Directors
The Brother-in-Law Trap
Insurers Raking in the Big Bucks
Addressing the Association Manager Conflict of Interest