Legal Updates

Associations Must Specially Assess if Judgements are Entered Against Them

In a case decided last month, the Court of Appeal held that an association is obligated to levy a special emergency assessment to raise money to satisfy a judgment entered against it.

California Supreme Court released its opinion in Villa De Las Palmas

On June 14, 2004, the California Supreme Court released its opinion in Villa De Las Palmas Homeowners Association v. Terifaj, holding that restrictions in amended CC&Rs are binding on all homeowners and entitled to the same judicial deference given restrictions in a development's original CC&Rs.

Liability of Property Owners May 2004

Last year, we reported to managers the holding by the Court of Appeal in Weiner v. South Coast Child Care Center, Inc. This case arose out of the well publicized tragedy which occurred when a mentally ill man purposely drove his car onto a preschool playground in Costa Mesa.