Case Law

Trilogy at Glen Ivy Maintenance Association v. Shea Homes, Inc.

Trilogy at Glen Ivy Maintenance Association v. Shea Homes, Inc. 235 Cal.App.4th 361 (2015)   Facts: Association and homeowners brought action against the developer alleging that it improperly diverted revenues from a contract that should have been paid to Association. The developer responded by moving to dismiss the complaint via an anti-strategic lawsuit against public […]

Watts v. Oak Shores Community Association

Watts v. Oak Shores Community Association 235 Cal.App.4th 466 (2015)   Facts: Association has a rule stating that the minimum rental period is seven days, and imposed fees to owners that rent their homes. Homeowners brought an action challenging the regulations and fees adopted by the Association. The Association cross-complained for attorney fees and declaratory […]

Ryland Mews Homeowners Association v. Munoz

Ryland Mews Homeowners Association v. Munoz 234 Cal.App.4th 705 (2015)   Facts: Homeowners’ association brought action against a homeowner for the homeowner’s removal of carpeting from his upstairs unit and the unauthorized installation of hard-surface flooring. The Superior Court granted preliminary injunction and the homeowner appealed.  Homeowner claimed that hardwood floors were necessary in his […]

Castaic Lake Water Agency v. Newhall County Water District

Castaic Lake Water Agency v. Newhall County Water District 238 Cal.App.4th 1196 (2015)   Facts:  Water agency petitioned for writ of mandate to overturn certain action taken by county water district and its board of directors on the ground that they failed to comply with the open meeting requirements of the Brown Act by erroneously […]

RYLAND MEWS HOMEOWNERS ASSOCIATION v. RUBEN MUNOZ

California Court of Appeal upholds a Homeowners Association’s right to limit hard surface flooring: When Ruben Munoz (“Munoz”) and his wife moved into their upstairs unit at Ryland Mews Homeowners Association (“Association”) in February 2011, they replaced the carpets with hardwood floors to accommodate the wife’s severe dust allergy. After the installation, the occupants of […]

Case Law Update- City of Pasadena v. Superior Court (Mercury Casualty Company)

Real Property – City-owned tree that fell on a private residence during a windstorm, damaging the structure, was part of a work of public improvement such that the city could be held liable for inverse condemnation. City’s proof that it had pruned tree twice in seven years did not, for purposes of summary adjudication, establish […]

Is a Homeowners Association Required to Accept Partial Payment?

In Huntington Continental v. J.M. Trust (Cal. App. Sup. Ct.; January 13, 2014)(222 Cal. App. 4th Supp. 13.) the Appellate Division of the Orange County Superior Court held that the Davis-Stirling Act compels associations to accept partial payments from homeowners to reduce the amount of the homeowner’s unpaid assessments. Associations are concerned that this decision […]

Real Property – HOA General

Real Property- Right of member to attend board meeting of homeowner’s association did not include any right to be represented at such meeting by an attorney.  Where home ownership was transferred to a limited liability company, which thereby became a member of the association, the LLC’s right to attend board meetings could be exercised through […]

Broker – Loans

For purposes of Civil Code Sec. 1916.1–which states that “a loan…is arranged by a person licensed as a real estate broker [and thus exempt from the state constitutional ban on usury] when the broker…acts for compensation or in expectation of compensation for soliciting, negotiating, or arranging the loan for another”–a real estate broker can be […]

Insurance – Homeowner Water Damage Claim

-Insurance-  Homeowners’ claim for water damage caused by a broken pipe in their house was not covered under their insurance policy. Damage that was not observable until months after the pipe burst was not caused by “a sudden and accidental discharge, eruption, overflow or release of water.”  Brown v. Mid-Century Insurance Company – filed April […]