As most of you know, most laws that apply to homeowner associations that are charged with the duty of managing and operating condominiums, townhomes, and planned unit developments in California, are found in the Davis-Stirling Common Interest Development Act at Sections 4000, et seq. of the Civil Code. The Act was originally adopted effective January […]
Read MoreOn Thursday, December 9, 2021, Tom Ware, will be speaking at the CAI-GRIE Educational Luncheon. Please visit https://www.cai-grie.org/ for more information and to register.
Read MoreThe Problem In a normal condominium building, the most prevalent claims by owners against their association are those arising from water leaks. The typical allegation is that water entered through the roof, a broken pipe inside a wall, or a planter adjacent to a first-floor unit, resulting in damage to the resident’s furnishings, decorations, finishes, […]
Read MoreHomeowners 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 […]
Read MoreIt is no secret that the United States in 2020 is a more divided place than in recent memory. A combination of COVID-19 and social and political forces exacerbated by the media has led many of us to feel as though we are living through a period of heightened tension, mistrust, and anxiety, whether perceived […]
Read MoreWe are currently facing an unprecedented crisis in our country and state, forcing us to adapt to conditions unlike any experienced in our lifetimes. Some have compared it to a state of war, circumstances so extraordinary that they justify at least a temporary suspension of basic civil liberties, while others believe that the response has […]
Read More1. The Problem In a normal condominium development, the most prevalent claims by owners against their association are those arising from water leaks. The typical allegation is that water entered through the roof, a broken pipe inside a wall, or a planter adjacent to a first floor unit, resulting in damage to the resident’s furnishings, […]
Read MoreKulik Gottesman Siegel & Ware LLP (“KGSW”) is pleased to announce that Thomas M. Ware II and Justin Nash successfully defended Erna Parth, a former homeowners’ association volunteer director and President, against a multi-million dollar damage breach of fiduciary duty claim brought against her by her own homeowners association. After a 25 day bench trial, […]
Read MoreOne of the most important duties of any homeowner association is the exercise of architectural control. The concept is sometimes hard for new owners to understand because they tend to think, “This is my property and I can do whatever I want with it.” That is absolutely not the case in California – in fact, […]
Read MoreOn 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 […]
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