- View Rights and Inverse Condemnation
- View Rights in the Hollywood Hills (Rising Glen Road and the Beverly Highlands Homes Association)
- Anti-SLAPP and HOA Disputes
- HOA Board of Directors have a duty to act with reasonable diligence in the performance of director duties.
- Fence, Tree, and Hedge Height Law
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
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
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
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
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
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
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