NEW ASSESSMENT COLLECTION CASE

Highland Greens Homeowners Association by Stanley Feldsott This case involves Highland Greens Homeowners Association of Buena Park and was a suit brought by the Association against Maria A. Basave De Guillen. Although we currently only have a Westlaw citation (2019 WL 4034663), the case was decided by the Bankruptcy Court in our Ninth Circuit (Bk. No. 8:18-bk-10693-CB) on August 26, 2019. Without becoming enmeshed in a discussion of the Bankruptcy Court’s interpretation of the Davis-Stirling Act and the Diamond case (217 Cal.App.4th 1172) and the distinctions with that case that …

Court of Appeals Holds That Tenants Do Not Have a Right to Attend Disciplinary Hearings

By: Jacqueline Pagano, Esq. Feldsott Lee & Canfield                 In a recent unpublished opinion, the Court of Appeals upheld the common practice of excluding tenants from disciplinary hearings and held that an association did not have to give tenants an opportunity to be heard before imposing fines on the landlord for the tenants’ nuisances and violations. In Harbor Island Condominium Owners Association v. Alexander (2019), two tenants rented a unit in a condominium project.  Harbor Island Condominium Owners Association (the “HOA”) filed suit against the tenants and their landlord and …

Court Holds Showing of Voter Apathy Not Required on Petition to Amend Declaration Despite Lack of Requisite Votes

By: Jacqueline Pagano, Esq. Feldsott Lee & Canfield                 Civil Code §4275 in the Davis-Stirling Common Interest Development Act allows a community association to petition the court to confirm an amendment to the CC&Rs, despite the fact that the proposed amendment was not approved by the requisite number of members set forth in the CC&Rs.                 The governing documents of many common interest developments require the vote of a “super majority” of members in order to amend the CC&Rs.  Civil Code §4275 provides: “If in order to amend a declaration, …