SoCal HOA Blog

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.
Jul
21
2017
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.
Jul
20
2017
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.
Jun
21
2017
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.