§5986 – Civil Action Against Declarant

Subject to compliance with Section 6150, which requires the board to provide notice of a meeting with the members to discuss, among other things, problems that may lead to the […]

The Right to a Jury Trial in Disputes with Developers

Published in the ECHO Journal, January 2009 A person’s right to have his or her dispute decided by a jury is fundamental, and our state Supreme Court has said so […]

The Disappearing Developer

Published in the ECHO Journal, June 2009 In today’s economy, many builders are leaving unbuilt or partially-built homes, consequently causing hardships for associations. Imagine a community of 450 lots with […]

When Do Statutes Of Limitation Begin To Run On Construction Claims?

Published in the ECHO Journal, August 2009 A Developer Lays A Trap For The Unwary Statutes of Limitation are intended to protect defendants from stale claims. They are also traps […]

When Your CC&Rs Hate You

Published in the ECHO Journal, November 2009 How Developer Protections in Governing Documents Work to Block Association Defect Claims By now, most readers are probably aware of the basic protections […]

Reaching the Pinnacle: California Supreme Court Rules That CC&R Arbitration Provisions Are Enforceable Against HOAs

Published in the ECHO Journal, November 2012 This is the first in a two-part series on the Pinnacle case. In this first part, attorney Matt J. Malone describes the nature […]

§4230 – Removal of Developer Provisions

Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing […]