Homeowners tend to become very upset when their existing views will be obstructed by a neighbor’s proposed remodeling project. Conversely, owners who want to add a second story to their residence are just as adamant that they should have the right to upgrade their own homes as they see fit–without regard to whether their construction […]
KGSW is pleased to announce that for the ninth consecutive year Glen Kulik, Don Gottesman, Len Siegel, and Tom Ware were selected for inclusion in Southern California Super Lawyers® published in Los Angeles Magazine. In addition, Glen Kulik was included in the 2017 Southern California Super Lawyers® Top 100.
Southern California Super Lawyers® Read More »
Kulik Gottesman Siegel & Ware LLP is pleased to announce that, effective March 1, 2016, David Bernardoni has been named a partner with the firm. Mr. Bernardoni joined Kulik Gottesman Siegel & Ware LLP in July 2006. Since that time has built a diverse civil litigation practice, which includes real estate, employment, homeowner association and
David Bernardoni named a Partner Read More »
On October 14, 2014, the Court of Appeal issued a published decision in the case Huntington Continental Townhouse Association, Inc. v. Joseph A. Miner (Court of Appeal Case No. G049624). The case addressed whether a homeowners association must accept partial payments to reduce delinquent assessments. The Court of Appeal held that under Civil Code section
In the recent case of Harris v. City of Santa Monica, 56 Cal.4th 203 (2013), the California Supreme Court clarified the “mixed motive defense” that employers frequently use in litigation. The mixed motive defense generally applies where, although the plaintiff has shown an employer’s intentional discrimination, the employer has also proved it would have made
California Supreme Court Articulates the Mixed Motive Defense for Employers Read More »
A new opinion published on June 20, 2013, holds that a homeowners association may exclude an owner’s representative from a board meeting because the representative was not “member” as defined by the association’s governing documents. In SB Liberty, LLC v. Isle Verde Association, Inc., the homeowner formed a limited liability company (“SB Liberty”) to hold
HOA’s Maybe Liable For The Acts of an Independent Contractor Conventional wisdom has often assumed that when an HOA hires and independent contractor that the HOA will not be liable if the contractor is negligent and harms someone. After all, the contractor is “independent” and why should the HOA be liable when the contractor, over
Beware: Independent Contractors May Not Be So Independent Read More »
For better or worse, E-Mail has changed how common interest developments are governed. It has enabled more volunteer Board members to actively participate in the day to day operation of their common interest developments. Through the use of E-mail, Board members instantly can be apprised by their managing agents as to the status of construction,
Thou Shall Not E-Mail! Read More »
In 1986, the California Supreme Court issued its ruling in Frances T. v. Village Green Owners Association. That decision – which has been the subject of critical commentary – holds that an association and its individual Board members can, in certain circumstances, be liable for bodily injuries sustained by a homeowner arising from a criminal
Association Liability for Criminal Acts Causing Loss or Damage to Owner Property Read More »
The Internet Corporation for Assigned Names and Numbers (ICANN) will be issuing new generic top level domain names (gTLDs), like .sport or .hotel, to applicants later this year. Although the availability of generic top level domains is applauded by some because they will give companies another means to control their brand, others fear it will
March 2013 Cut-off for Objections to New Top Level Domain Names Read More »