We are often asked by Boards about what is a reasonable rule. The answer is that I know it when I see it. We prepared an article that addresses this very issue. Click here for that article, “What Makes a Rule Reasonable or Unreasonable? I Know It When I See…
Knowingly or unknowingly, sometimes boards adopt rules which are in conflict or more restrictive than the association’s CC&Rs. For example, they make specific rules regarding prohibitions on the installation of washing machines when the CC&Rs are silent on the matter. Boards sometimes prohibit hard surface flooring when this is likewise…
Chee v. Marina Seagate Condominiums, (2006) 143 Cal.App.4th 1360, 50 Cal.Rptr.3d 40. Lila Chee (“Chee”) is a 71-year-old resident owner of a condominium at the Marina Seagate condominium complex. She was allegedly injured when a Jack Russell Terrier owned by Olga Kiymaz, at the time a tenant in the condominium…
When an association discovers that an owner has made substantial alterations or modifications to their home that were not approved (often after the work has been done and a neighbor complains), we often hear board members or community association managers suggest that a judge is not going to make the…
Early voting is underway and, as expected, we have received calls complaining about political signs. You may be getting questions or comments about sign regulation in your communities, so we thought it would be a good idea to let you know what goes, and what does not, in community associations…
Associations Must Act Timely and Decisively to Enforce Covenants This summary of a recent Court of Appeals decision was published in the October 2008 edition of the Community Association Law Reporter published by Community Associations institute. What do you think of the Court’s decision? Pacific Hills Homeowners Association v. Prun,…
New Procedures Apply To The Adoption Of “Operating Rules” The Davis-Stirling Common Interest Development Act was amended effective January 2003 by adding Civil Code Sections 1357.100 through 1357.150 which require that certain rules and regulations of an association defined in the Civil Code as “operating rules” satisfy specified criteria before…
Although the FCC regulations which allow a owner to install a satelite dish on their property has been the law for several years now, it is still widely misunderstood. The attached PDF story from the Ventura County Star shows just how misunderstood this law is. A owner at a condo…
Download owner_of_recordarticlefnl.pdf
Prepared by Sandra L. Gottlieb, Esq. SwedelsonGottlieb In the mid-90’s, The Federal Communications Commission (“FCC”) established rules known as the Over the Air Reception Devices, known by the acronym OTARD, which preempts provisions in many governing documents that require an owner to obtain approval before installing a satellite dish. The…