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Category Archives: HOAs
6/21/19 COURT OF APPEAL GUTTED VIEW RIGHTS PROVIDED BY THE MARQUEZ KNOLLS CC&Rs
UPDATE 2.9.23: Since the Court of Appeal’s decision in June 2019, there have been new cases interpreting the Court’s analysis. More information here: Post-Eisen Cases UPDATE 9.12.19: The Supreme Court has denied the Petition for Review and Request for Depublication. … Continue reading
(THIS POST HAS BEE UPDATED.) Marquez Knolls’ view rights under attack again (Eisen vs. Tavangarian)
Eisen, Tavangarian, Zabrucky v. McAdams, view rights, CC&Rs, Justice Dennis M. Perluss, John L. Segal Continue reading
Posted in Court Cases, HOAs
Tagged Eisen vs. Tavangarian, Los Angeles, Marquez Knolls CC&Rs, Pacific Palisades, view rights
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HOA Board of Directors have a duty to act with reasonable diligence in the performance of director duties.
By Keith Turner and Justin Escano Palm Spings Villas II v. Parth is a another example of what can happen when an HOA board member “goes rogue” and tests the limits of the so-called “business judgment rule,” which HOA … Continue reading
Posted in Court Cases, HOAs, Local Laws & Ordinances
Tagged Business Judgment Rule, HOA, Homeowners Association
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Prevailing Defendant is Entitled to Attorney’s Fees – California Supreme Court Opinion in Tract 19051 v. Kemp (Yeldell)
In a unanimous decision by all seven Justices, the California Supreme Court held that in any action to enforce governing documents of a common interest development, the “prevailing party” is entitled to attorneys fees under Civil Code section 5975, even where plaintiffs fail to establish that a common interest development exists. Continue reading
Posted in Court Cases, HOAs, PVRC News, Uncategorized
Tagged Attorney Fees, Davis Sterling, Neighbor v. Neighbor
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Court Rules in Tramonto Dispute
A State Court of Appeal has affirmed a summary judgment in the continuing Castellammare litigation battle that pitted a homeowner against another neighbor and the local homeowners association…. Franzen was lead counsel in this case, and Palisades Attorney Keith Turner, who … Continue reading
HOA Board Director conflicts of interest (Castellammare litigation)
The Court of Appeal issued its decision affirming summary judgment in the long standing Castellammare litigation. The action was filed in 2006 by Saied Kashani to challenge the Castellammare Homeowners Association’s requirement that he erect story poles to determine the impact his … Continue reading
Posted in Court Cases, HOAs, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News
Tagged Castellammare Homeowners Association’s, Castellammare litigation, Court of Appeal, HOA Board Director, HOA Disputes, Homeowners Association Disputes, Homeowners Associations, Los Angeles, Neighbor v. Neighbor, Saied Kashani, summary judgement
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100% Attorney’s Fees Win in View Rights Case
The Turner Law Firm was awarded 100% of its attorney’s fees and costs in a view rights dispute. The case is important because it concerns the reciprocal nature of statutory attorney’s fees provisions, including whether they apply if the defendant … Continue reading
Posted in Court Cases, HOAs, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News
Tagged attorney’s fees, CC&Rs, Civ. Code §1717, Civil Code §1350, Civil Code §1354(c), Civil Code §1357, common interest development, Davis-Stirling Common Interest Development Act, HOA Disputes, Homeowners Associations, Mount Olympus Property Owners Assn. v. Shpirt (1997), Neighbor v. Neighbor, property owner, statutory attorney’s fees provisions, The Turner Law Firm, view rights
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View Rights Dispute in Malibu
It is time to change California law so as to provide property owners with some basic view rights. English common law long ago recognized the doctrine of “ancient lights,” under which a landowner acquired, by interrupted user, an easement over … Continue reading
Posted in HOAs, Local Laws & Ordinances, Neighbor v. Neighbor
Tagged California Coastal Act, California law, CC&Rs, celebrity-neighbors, City of Malibu, Los Angeles Times, Malibu, Malibu Municipal Code (MMC §17.62.040 (D)), Neighbor v. Neighbor, offshore islands, Pacific Ocean, Santa Monica Mountains, view rights
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injunction granted – for failure to obtain HOA’s Architectural Committee approval
The recent Tesoro del Valle Master Homeowners Association v. Griffin case provides a good example of power of a well-functioning HOA/ Architectural Control Committee to deny a homeowner’s construction project, and to its right and power to go to court for injunctive … Continue reading
Posted in Court Cases, HOAs, Local Laws & Ordinances, PVRC News
Tagged attorney’s fees, California Solar Rights Act (Civil Code §714), California statute, CC&Rs, Civil Code section 714, HOA, HOA Disputes, homeowner, Homeowners Association Disputes, Homeowners Associations, injunction, solar energy system, Tesoro Board of Directors
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Pacific View Rights Resource Center 