Beaumont Tashjian Law Blog

Friday, March 20, 2020

COVID-19 Update & Commitment to Our Clients


The Coronavirus pandemic has affected many lives across the globe, with new challenges arising at any moment, and many lives changed forever. Our hearts and prayers are with those personally impacted by the virus around the world, including all emergency medical providers and others caring for those who are ill.

We are reaching out to you, our clients, our colleagues, our friends to assure you that at Beaumont Tashjian, we are monitoring COVID-19 closely and are working to ensure we meet the needs of our clients as well as provide for the health and safety of our employees during these tough times. We realize this health situation has affected many businesses and individuals and would like to inform you about the actions we are taking to support both our clients and employees.

As part of these efforts, and to ensure we continue to serve our clients' needs 24/7, we have taken specific steps as part of our business continuity plan.

Read more . . .


Friday, February 21, 2020

The Coronavirus, Flu and What You Can Do

As of the time this article is written, documented cases of Coronavirus (COVID-19) are 90,000 worldwide, and counting, with over 3,000 deaths. These numbers pale in comparison to the flu, which kills an estimated 250,000 to 500,000 people worldwide each year. With this in mind, community association leaders can and should take extra precautions to protect themselves and their communities.

First, associations can use this as an opportunity to connect with their members and residents, through weekly newsletters, emails, flyers or common area postings, updating them about the virus, notifying them of any reported incidences in the community at large, and if necessary, informing them that there may be an immediate threat to the community. Boards and managers should also begin directing vendors and cleaning staff to focus frequently on particularly high-traffic common areas (gym, clubhouse, pool, sauna), which may be more susceptible to harboring the virus or other germs. Installation of hand sanitizer dispensers or wipes in these locations is also recommended.

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Friday, January 17, 2020

CACM Southern California Law Seminar & Expo

Senior Partner, Jeffrey A. Beaumont, Esq. and Partner, Lisa A. Tashjian, Esq., have been requested to speak at the 2020 CACM Southern California Law seminar & Expo


Read more . . .


Wednesday, January 15, 2020

CAI-CLAC 2020 Legislative Days at the Capitol

Senior Partner, Jeffrey A. Beaumont, Esq. will be attending the CAI-CLAC Legislative Days at the Capitol on March 30 and 31.  CALC needs a strong showing in Sacramento to meet with our Legislators to discuss the importance of our agenda for 2020. Please plan to be in Sacramento this March! Sponsorship opportunities and attendee registration can be found on the event page at 
Read more . . .


Sunday, January 12, 2020

2020 CACM Northern California Law Seminar & Expo


Senior Partner, Jeffrey A. Beaumont, Esq. and Partner, Lisa A. Tashjian, have been requested to speak at the 2020 CACM Northern California Law seminar & Expo at the Santa Clara Convention Center on February 6th. Mr.

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Wednesday, January 8, 2020

Accessory Dwelling Units: How Association’s Governing Documents are Impacted by AB 670

In 2017, legislation was passed, making accessory dwelling units legal in California.  However, strict permitting regulations previously made accessory dwelling units difficult and expensive to construct. Recently, a number of bills were passed, making the process to construct accessory dwelling units easier and more affordable.

Effective January 1, 2020, an association’s governing documents may not prohibit or unreasonably restrict the construction or use of an accessory dwelling unit. Specifically, Assembly Bill 670 (AB 670) voids any provision of an association’s covenants, conditions and restrictions or rules and regulations that prohibit the construction of an accessory dwelling unit on a lot zoned for single-family residential use. 

The California Legislature passed this bill in response to California’s affordable housing shortage. AB 670 is intended to encourage owners to convert and/or construct additional living spaces within their property by removing the many obstacles that previously hindered the process of building accessory dwelling units.  The Legislature did so by reducing permitting fees, minimizing setback and lot size requirements, and eliminating parking requirements.

While associations may not effectively prohibit accessory dwelling units, they are permitted to adopt “reasonable restrictions”, which is defined to mean restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit.

An “Accessory Dwelling Unit” (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It also includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is situated. A “Junior Accessory Dwelling Unit” (JADU) is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU can include separate sanitation facilities or may share sanitation facilities with the existing structure.


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Monday, January 6, 2020

CACM California Law Series


Partner, Lisa A. Tashjian, will be teaching a class for CACM California Law Series: Module 2 on March 3rd at Sun City in Palm Desert.  Ms. Tashjian will present on Financial Management. For more information and to register, visit: 

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Thursday, January 2, 2020

Senate Bill 323: What you Need to Know

As you may know, Senate Bill 323 went into effect on January 1, 2020. Under SB 323, among other substantial changes to the California Civil Code, associations are significantly hampered in their ability to set qualifications for candidates. For example, SB 323 sets forth limited situations in which associations may disqualify a candidate from running for the board of directors:

  1. The nominee may not have previously been convicted of a crime that would prevent the association from purchasing fidelity bond coverage, or may cancel existing coverage;
  2. The nominee must be current in the payment of regular and special assessments;
  3. The nominee cannot serve on the Board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person; and
  4. The nominee must be a member of the association for a year or more.

Read more . . .


Tuesday, October 15, 2019

2019/2020 LEGAL UPDATE


The following is a summary of enacted legislation, court decisions, news, and current events from this past year, which impact common interest developments. 

ENACTED LEGISLATION
The bills below have been signed and approved by Governor Gavin Newsom and will take effect January 1, 2020, as “New Law.”

SB 323 & 754: Election Rules and Director Qualifications

Most significantly, these bills amend Civil Code Section 5100 to, among other things, disqualify a person from being a candidate for the board if he/she is not a member at the time of the nomination. These bills also effectively handicap boards’ abilities to set qualifications for candidates and suspend voting rights as a disciplinary measure.  These bills also require associations to send out pre-election notices while including qualifications for candidates, list of candidates, deadline for returning ballots and time and place of annual meeting.


Read more . . .


Friday, May 31, 2019

Movie and Music Nights - Ensuring Everyone Enjoys Summer Community Events


By: Brittany Ketchum. Esq.

The social event of the summer is about to begin. You take a deep breath, inhaling the scents of fresh cut grass and barbecue wafting through the air, and hope all your hard work will culminate with a successful community event. Instead of fretting over potential complaints, injuries or lawsuits, the prudent manager will have taken reasonable steps to help protect the association from liability, while guaranteeing a good time for residents and their guests.


Read more . . .


Friday, June 1, 2018

Employee or Independent Contractor? - How the Dynamex Decision May Impact Associations

The California Supreme Court issued a monumental decision in Dynamex Operations West, Inc. v. Superior Court in late April of this year. The seminal ruling will make it more difficult for employers to classify their workers as independent contractors instead of employees. For managers and board members of associations, this could mean readdressing whether or not workers of associations should be considered employees instead of independent contractors. 

Dynamex is a nationwide delivery service that offers same day pickup and delivery services to the public and to large businesses. Prior to 2004, Dynamex classified its delivery drivers as employees of the company. After 2004 though, Dynamex made all delivery drivers independent contractors as a cost savings measure. An independent contractor that worked solely for Dynamex sued on his behalf and other similarly situated Dynamex delivery drivers on the basis that the drivers should be considered employees of Dynamex.


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