Category Archives: Uncategorized

View Rights in the Hollywood Hills (Rising Glen Road and the Beverly Highlands Homes Association)

One of the key features of property in the Hollywood Hills are the incredible city and ocean views enjoyed from most of the lots.  However, many property owners learn after closing that their views are not fully protected.  The time … Continue reading

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Anti-SLAPP and HOA Disputes

Colyear v. Rolling Hills Community Association of Rancho Palos Verdes (2017) 9 Cal.App.5th 119 is a recent example of an anti-SLAPP motion being a very powerful defense weapon in HOA litigation. The term “SLAPP” means “Strategic Lawsuits Against Public Participation,” … 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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