§4751 – Accessory Dwelling Units

Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision […]

When Your CC&Rs Hate You

Published in the ECHO Journal, November 2009 How Developer Protections in Governing Documents Work to Block Association Defect Claims By now, most readers are probably aware of the basic protections […]

Court Cases on Developer Drafted CC&Rs and Binding Arbitration

California has a growing body of law where courts have refused to enforce provisions in developer-drafted CC&Rs that deny homeowners and homeowners associations the right to have their disputes with […]

Reaching the Pinnacle: California Supreme Court Rules That CC&R Arbitration Provisions Are Enforceable Against HOAs

Published in the ECHO Journal, November 2012 This is the first in a two-part series on the Pinnacle case. In this first part, attorney Matt J. Malone describes the nature […]

How Can CC&Rs Which I Have Never Read or Signed Control What I Can Do?

Published in the ECHO Journal, January 2013 Associations are governed by several documents, perhaps the most important of which is the Covenants, Conditions & Restrictions (CC&Rs) of the common interest […]

Every HOA Must Adopt Election Rules – Following the Civil Code Isn’t Enough

California HOA boards who fail to adopt elections rules are in violation of the law – even when they follow the procedures outlined in California’s Civil Code. This article explains […]

The Need for Election Rules

Even though the elections law went into effect well over six years ago, we still frequently come across associations without election rules in place. We often hear that some boards […]