HOA Law Blog

Chee v. Marina Seagate Condominiums, (2006) 143 Cal.App.4th 1360, 50 Cal.Rptr.3d 40.

Lila Chee (“Chee”) is a 71-year-old resident owner of a condominium at the Marina Seagate condominium complex. She was allegedly injured when a Jack Russell Terrier owned by Olga Kiymaz, at the time a tenant in the condominium next door, ran out of Kiymaz’s unit, unrestrained by a leash. The dog jumped on Chee, allegedly causing her to fall and sustain numerous injuries. Kiymaz rented the condominium from unit owner Jerome Brown. Chee filed a second amended complaint against Brown, the Marina Seagate Homeowners Association (“Association”), and others. Chee brought Brown and the Association (and Brown’s property managers who rented the unit to Kiymaz) into the lawsuit after Kiymaz filed for bankruptcy and was dismissed from the action.

Continue reading " Homeowner Association is Not Liable for Unforeseeable Injuries Caused to an Owner by a Tenant's Dog " »

The Wall Street Journal recently reported that secured bank lenders to General Motors would get a full recovery on $6 billion in loans made to the auto maker, under the bankruptcy plan being finalized by the U.S. Treasury.

If you are asking what this has to do with California community associations, then you need to read on. California community associations have the ability to secure a delinquent homeowners assessment obligation by recording an assessment lien.

With an increasing number of delinquent homeowners resorting to bankruptcy protection, it is more important than ever that California community associations move quickly with the assessment collection process and record a lien. Keep in mind that the lien cannot be recorded until 30 days after the pre-lien letter with all the required language and attachments (association collection policy, statement of account, etc.) has been sent out to the owner(s) in compliance with the California Civil Code. Click here for more information on what is required for the pre-lien letter.

Unfortunately, many associations are taking too long to take action to collect the assessments that are unpaid and many of them find out too late (after the owner has filed bankruptcy) that as an unsecured creditor, they are likely not going to collect any of the delinquent assessments that were owed.

California law provides associations with the ability to record an assessment lien, and we encourage all association managers and board members to take advantage of the protections built into the law. For more information on recording an assessment lien, please contact Tracy Neal at trn@alslien.com.

On May 28, 2009, in the matter of Dee v. PCS Property Management Inc. the California Courts of Appeal - 2nd District ruled that proposed expert testimony is properly excluded where experts relied on unsupported assumption that mold exposure caused plaintiff's symptoms.

Continue reading " Expert Testimony Is Properly Excluded Where Experts Relied On Unsupported Assumption That Mold Exposure Caused Plaintiff's Symptoms " »