Beaumont Tashjian Law Blog

Sunday, June 2, 2024

HIGHLIGHTS/SUCCESSES

  • BT successfully negotiated a settlement between the Association and a challenging owner who refused to pay assessments, resulting in the recovery of $23,000.00 in delinquent assessments and all legal fees, including the release of lien fees and lawsuit dismissal fees.
  • BT successfully negotiated a settlement agreement with the bankruptcy trustee in a longstanding Chapter 7 case and was able to recover $33,000 on behalf of the Association to satisfy the owner’s unsecured/unpaid assessments

Read more . . .


Wednesday, May 15, 2024

EXPIRING CC&RS AND WHAT TO DO NEXT

As many associations in California are approaching 50-plus years of existence, we are seeing CC&Rs begin to expire. If an association’s CC&Rs expire it can cause serious issues for the community and result in unbudgeted legal expenses to get the association back up and running properly.

Some CC&Rs provide for their expiration after a specific period of time, or by a specific date. Additionally, the CC&Rs may contain a provision for automatic renewal/extension following the termination date. This is the best-case scenario as it does not require the association to take any action to extend the term.

Read more . . .


Wednesday, May 1, 2024

IMPORTANT NOTICE | CLIENT ALERT: ENFORCEMENT POLICY & FINE SCHEDULE

On January 1, 2024, the State Legislature enacted Senate Bill 71 (“SB 71”), which increased California’s jurisdictional limits for civil and small claims cases. These thresholds determine whether a case is filed as a “limited” civil case or “unlimited” civil case, or if it falls within the jurisdiction of the small claims court, based on the amount of damages the plaintiff is seeking. 

Prior to SB 71, the jurisdictional limits were lower for both small claims and unlimited civil cases in California. SB 71 increases the jurisdictional limit for small claims from $10,000 to $12,500 for cases filed by individuals and $5,000 to $6,250 for corporations (such as homeowners associations). Furthermore, the amount in controversy for an action to be treated as a limited civil case has risen from $25,000 to $35,000.

Read more . . .


Monday, April 1, 2024

HIGHLIGHTS/SUCCESSES

  • BT was successful in obtaining a judgment against a delinquent homeowner whose unpaid assessments exceeded $20,000.00, which includes all legal fees and the release of lien fees.
  • BT successfully obtained a Default Judgment from the Los Angeles County Superior Court to recover $85,456.05 in delinquent assessments, late fees, interest, attorney fees, and collection costs against a nonpaying owner. 
  • BT successfully petitioned the Ventura County court and obtained an order reinstating association’s corporate status after an owner filed materially false paperwork dissolving the association.

Read more . . .


Friday, March 1, 2024

INDUSTRY NEWS


Our team exhibiting at the CACM SoCal Law Seminar in Anaheim. It was great seeing you all!



Our attorneys at the CAI Law Seminar in Las Vegas.


Read more . . .


Thursday, February 1, 2024

WATER RESTRICTIONS AND THE FUTURE OF ASSOCIATION LANDSCAPING

Recently the State scaled back water restrictions by allowing the emergency prohibition on wasteful water use to expire. However, this action did not erase the State Water Resource Control Board’s (“SWRCB”) water conservation efforts which remain in place. Accordingly, many of the restrictions on homeowners’ associations remain effective until June 5, 2024, unless the restrictions are readopted by SWRCB. Additionally, AB 1572 which was adopted by the legislature this year and scheduled to take effect in 2029, prohibits associations from using potable water to irrigate any non-functional turf.

Current SWRCB Restrictions

The current water conservation regulations distinguish between functional and non-functional turf.

Read more . . .


Monday, January 15, 2024

SENATE BILL 71

On January 1, 2024, the State Legislature enacted Senate Bill 71 (“SB 71”), which increased California’s jurisdictional limits for civil and small claims cases. These thresholds determine whether a case is filed as a “limited” civil case or “unlimited” civil case, or if it falls within the jurisdiction of the small claims court, based on the amount of damages the plaintiff is seeking. 

Prior to SB 71, the jurisdictional limits were lower for both small claims and unlimited civil cases in California. SB 71 increases the jurisdictional limit for small claims from $10,000 to $12,500 for cases filed by individuals and $5,000 to $6,250 for corporations (such as homeowners associations). Furthermore, the amount in controversy for an action to be treated as a limited civil case has risen from $25,000 to $35,000.

Read more . . .


Monday, January 1, 2024

BEAUMONT TASHJIAN PROUDLY ANNOUNCES ITS NEWEST FIRM PARTNER

Beaumont Tashjian (BT) is excited to announce that A.J. Jahanian, Esq. has been elevated to a firm partner as of January 1, 2024. 

Mr. Jahanian has been a member of the firm since 2016 and has devoted the last eight years to servicing its clients’ unique needs throughout Southern and Northern California...

Read more . . .


Monday, November 6, 2023

2023/2024 LEGAL UPDATE


This year’s legislature has enacted several laws which expand on the State’s climate-related and housing availability goals, as well as facilitate board meetings and the transaction of association business. The following is a summary of enacted and pending legislation, court decisions, news, and current events from this past year, which will impact your communities through 2024 and beyond.


ENACTED LEGISLATION
The bills below have been signed and approved by the Governor and will take effect January 1, 2024, as “New Law.”

SB 355: Multi-Family Affordable Housing Solar Roofs

  • What Does Current Law Say? Currently, the Public Utilities Commission oversees subsidy programs for solar energy system (“SES”) installations on multifamily residential buildings that meet certain income and other requirements.
  • What Changed? SB 355 expands the pool of buildings which qualify for these SES incentives, to include low-income residential buildings in which sixty-six percent (66%) of the households have incomes at or below eighty percent (80%) of the area median income, among others.

Read more . . .


Monday, May 1, 2023

BEAUMONT TASHJIAN WELCOMES ITS NEWEST TEAM MEMBERS


Michael D. Attar, Esq.

Michael D. Attar, Esq., is a senior associate at Beaumont Tashjian, where he primarily handles the Firm’s litigation and enforcement matters.
Read more . . .


Monday, March 13, 2023

HIGHLIGHTS/SUCCESSES

BT was successful in obtaining a judgment against a delinquent homeowner whose unpaid assessments exceeded $9,000.00. BT also obtained an order of attorney fees and costs in excess of $10,000 (the full amount sought).

 

BT successfully petitioned the Ventura County court and obtained an order reinstating association’s corporate status and after an owner filed materially false paperwork dissolving the association.


Read more . . .


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