Category Archives: HOAs

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

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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

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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

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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

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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

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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

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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

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