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. In this mold case, the plaintiff Darcee Dee…
The Wall Street Journal reports that there is another sign that California’s foreclosures could jump in 2009: Delinquencies on dues (assessments) owed to homeowner associations have risen sharply. This is not a surprise to those of us in the trenches. Many managers report to us that they can barely keep…
Association Lien Services has been successfully collecting delinquent assessments, non-judicially, for over twenty years and has weathered a few economic downturns along the way. However, never before have we encountered such a perfect storm of economic turmoil. In the past, as now, when there has been a burst in the…
Never in more than 20 years has ALS experienced a time when assessment collection has been as complicated and difficult as it is today. Many boards of directors are unsure as to what to do when an owner is not paying their association or the senior lien holder/lender is not…
This economic downturn and the significant increase in the number of delinquent homeowners are impacting all community associations. To be sure, some are facing more delinquencies than others. But even the most affluent communities have homeowners that bought their homes at the height of the market with adjustable rate loans…
Click here to read an interesting article from the Wall Street Journal about complaining entitled “From Attitude to Gratitude.” We all do it. And we know that homeowners at community associations like to complain a lot. They complain about management. They complain about the board. Heck, sometimes they even complain…
On Friday, February 27, 2009, the Orange County Chapter of Community Associations Institute (CAI) held its annual awards dinner. We are pleased to announce that our very own Sandra Gottlieb was presented with the Chapter’s coveted May Russell Hall of Fame Award. Each year, the Orange County Chapter of CAI…
The California Court of Appeal recently came down with a decision in the case of Ritter & Ritter Inc. v. The Churchill Condominium Association dealing with (among other things) the responsibilities and duty of care of a condominium association and its directors. We will address other issues relating to this…
When an association discovers that an owner has made substantial alterations or modifications to their home that were not approved (often after the work has been done and a neighbor complains), we often hear board members or community association managers suggest that a judge is not going to make the…
2008 was remarkable for the fact that the California Legislature did not pass much in the way of new legislation impacting or affecting California Community Associations. We are providing a summary of two changes to the California Civil Code regarding fines/assessments and solar energy that became effective as of January…