Beaumont Tashjian Law Blog

By Brittany A. Ketchum, Esq.
Published in the CAI-Greater Inland Empire Chapter's Connect Magazine

Among the many membership rights and privileges afforded to homeowners under the Davis-Stirling Common Interest Development Act (“Act”) and the association’s governing documents is the right to inspect and copy association records. The records retained by an association are copious, to say the least, and responding to homeowner requests can feel like finding the proverbial needle in a haystack.

Too often, such requests stem from, or become, a source of contention. Imagine (or recall from your own experiences) a scenario where a disgruntled homeowner seeks information from management or the board or makes excessive requests for documents from the association. More often than not, when a homeowner asks for “information” or “documents,” the impetus behind the request is to support his or her position in a dispute (or potential lawsuit) with the association.

Before creating documents or compiling information for a requesting owner, take reasonable steps to avoid these common pitfalls.

BGT Associate Brittany Ketchum has been requested to present at the CAI-Orange County Regional Chapter's Free Legal Advice Luncheon on September 27th at Woodbridge Village Association in Irvine.  For more information and to register, click here:

http://www.caioc.
Read more . . .

BGT Partner Jeffrey Beaumont has been selected to speak at the 2016 CAI Legal Forum on October 21st in Indian Wells, CA.  He will co-present, "I Can't Believe You Said That! Community Association Liability." BGT is also a proud main event sponsor of The 2016 California Legislative Action Committee Benefit Fundraiser hosted in conjunction with the Legal Forum.  For more information and to register, click here: Read more . . .

BGT Partner Jeffrey Beaumont has been requested to present at CAI-National's M-204 Community Governance course in Atlanta, Georgia on September 22nd and 23rd.  The two-day course covers the legal basis of community rules, policies and procedures.  For more information and to register, click here:

www.
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Boards are continually faced with trying to turn lemons into lemonade. The most common “lemons” boards are faced with are neighbor-to neighbor disputes. What should boards do when faced with these types of owner disputes which are never pleasant and almost always adversarial?  Does the Board of Directors have a duty to step in and, if so, what authority does it have to act in such situations? How does the Board make lemonade from these lemons?

Many neighbor-to-neighbor disputes arise from smoking complaints and noise violations.   Owners often complain when smoke, loud music or other noise emanates into their units from a neighbor, either through the interior of the units, common areas, or exclusive use common areas, such as patios and balconies.  The board’s duty to act in these types of situations depends on the specific provisions contained in the association’s governing documents and the specific facts regarding each violation.  Each is unique, and each should be analyzed separately. If these matters are not resolved at the inception they can escalate exposing the association to liability.

By Calvin S. Rose, Esq. and Tracy R. Neal Esq.

Published in the CAI-Greater Inland Empire Chapter's
Connect 2016 2nd Quarter Magazine 

The “no cost collection” model has come under attack in recent years, culminating most recently in the collection case, Hanson v. JQD, LLC d/b/a Pro Solutions, (N.D. Cal., 2014) (“Hanson v. Pro Solutions”). California community associations and the common interest development industry at large have watched this case unfold, beginning with a homeowner filing a lawsuit against a assessment collection services provider, and culminating in takeaways that will undoubtedly resonate throughout California.

Assessments have been termed the “lifeblood” of an association. Assessments are the sole source of income for associations, from which association expenses are paid, including daily operating expenses to common area maintenance and repairs. Boards have a fiduciary duty to levy and collect assessments. Like most businesses, community associations and the boards that run the day-to-day business of an association, seek out services at the best price, which in some cases may mean the lowest price.  As a result, delinquent assessment collection services at no cost have appealed to community associations as they are non-profit corporations operating on a zero budget. Hanson v. Pro Solutions, however, has shown the potential real cost of “no cost collection”.

BGT is honored to sponsor and congratulate the newest CAI-OC Chapter managers to earn their Professional Community Association Manager (PCAM) designation and celebrate all of the Chapter's managers who have achieved a PCAM designation.  The annual reception will be held on June 14th at the Mission Viejo Country Club.