Real Estate and Business Attorneys Serving California
Law Library. We’ve curated a comprehensive list of answers to questions our clients ask us everyday. From HOA law to mechanic’s liens to unfair competition. Whether you are ready to engage us or not, these answers will help you better understand your rights.
Actived: 2 days ago
Smart, aggressive, effective California attorneys
(2 days ago) He then attended law school at Indiana University on a scholarship where he was the managing editor of the Federal Communications Law Journal and Captain of the Indiana University Men’s Foil Team. While in Indiana, he cultivated his outdoorsmanship and parkour skills.
Aggressive HOA Attorneys Representing Homeowners
(3 days ago) How your HOA functions is strictly regulated under a California Law called the Davis-Stirling Act. If you think your HOA isn’t following the law, isn’t holding elections properly, isn’t giving you access to records, isn’t holding enough money in reserve, isn’t giving proper notice of its meetings, or is committing any other violation, it may be up to you to enforce the law.
Dedicated client portal just for your case LubinPhamCaplin
(6 days ago) Your time is valuable. Your life shouldn’t revolve around your law firm’s business hours. That’s why we created a dedicated space that simplifies the attorney-client relationship and gives you both access and a centralized overview of everything related to your case.
Protect Your Rights Against HOA Harassment LubinPhamCaplin
(4 days ago) Let us navigate the complexities of HOA law, so you can go back to enjoying your home. Find Out How Much Your Case Is Worth. First Name. Last Name. Email. Phone. How can we help you? Email: [email protected]com Toll Free: 1-877-4-BAD-HOA Main Line: 949 …
How to choose the best California HOA lawyer LubinPhamCaplin
(9 days ago) Law is a service industry. A lot of lawyers overlook that. They prioritize billable hours over personal relationships. It stands to reason that a lawyer that doesn’t care about the client won’t care about the client’s case either.
Getting Attorney Fees In HOA Litigation LubinPhamCaplin
(Just Now) But California law fixes that too. Civil Code section 1717 makes any contractual provision for attorneys’ fees reciprocal. Although, on its face, section 1717 only applies to lawsuits regarding contracts, California Courts interpret CC&Rs as contracts and are therefore subject to section 1717.
Best ways to initiate a dispute against your HOA
(5 days ago) The law requires HOAs to provide a “fair, reasonable, expeditious procedure” for resolving disputes between itself and its members. Essentially, both you and the HOA can ask each other for an informal meeting to discuss and try to resolve your disputes. You’re allowed to have your attorney there.
Best Way To Initiate A Dispute Against your HOA
(3 days ago) Arbitration is a forum in which an arbitrator acts as a finder of facts and law and ultimately makes a decision; in other words, private court. Mediation, on the other hand, is not a trial or hearing, there are no “fact finders,” and no judge, jury, or arbitrator who orders the parties to do something.
Evaluate HOA's Restrictions on ADU Construction
(2 days ago) Accessory Dwelling Units (“ADUs”, “mother-in-law suites,” or “granny units”) are additional living quarters on the same lot as a primary dwelling unit. In recent years, the California Legislature has enacted several laws that limit the authority of local agencies to restrict these units.
Legal Resources for HOA and Business Disputes
(6 days ago) Law Library. We’ve curated a comprehensive list of answers to questions our clients ask us everyday. From HOA law to mechanic’s liens to unfair competition. Whether you are ready to engage us or not, these answers will help you better understand your rights. Simply search for …
Experienced Real Estate Attorneys For Homeowners
(1 days ago) Experienced Real Estate Attorneys For Homeowners | LubinPhamCaplin. Your Property Is Your Biggest Asset. Real Estate Litigation & Transactions. We know real estate law. From easements to escrow and liens to lis pendens, our lawyers will help you make good deals and fix bad ones. It Takes A Good Attorney To Solve A Bad Problem.
Your Rights with HOA Lien and Foreclosure LubinPhamCaplin
(8 days ago) The third option HOAs have is characterized by a catch-all provision: “[a]ny other manner provided by law, except for judicial or nonjudicial foreclosure.” (Civ. Code § 5720(b)(3)). This essentially means that an HOA could move forward in limited or unlimited civil court.
Hold Your HOA Responsible over Water Damages …
(2 days ago) The law requires HOAs to provide a “fair, reasonable, expeditious procedure” for resolving disputes between itself and its members. Essentially, both you and the HOA can ask each other for an informal meeting to discuss and try to convince the HOA to remediate the water damage. You’re allowed to have your attorney there.
Navigating Complicated Nuisance Claims Against HOA
(8 days ago) Navigating Nuisance Claims. California law provides for two types of nuisance: public nuisance and private nuisance. From a statutory standpoint, California law broadly defines nuisance. It states: “ [a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive
HOA's Ability to Restrict Rentals LubinPhamCaplin
(5 days ago) As with most things in the law, the answer is “it depends.” When evaluating whether or not a homeowner is authorized to rent their unit, the most important information will typically be found in their HOA’s governing documents (e.g., CC&Rs, Bylaw, Rules and Regulations, etc.).
Best ways to initiate a dispute against your HOA
(Just Now) Real estate law is a complex labyrinth of ancient court decisions, modern statutes, and wordy contractual provisions. So, the lawyer’s answer is “it depends.” But the good news is that virtually all residential property sales require a Transfer Disclosure Statement.
5 Common Questions on Davis-Stirling Act Violation
(7 days ago) The law requires HOAs to provide a “fair, reasonable, expeditious procedure” for resolving disputes between itself and its members. Essentially, both you and the HOA can ask each other for an informal meeting to discuss and try to resolve your disputes. You’re allowed to have your attorney there.
Fighting HOA selective enforcement LubinPhamCaplin
(8 days ago) “A willful and unreasonable action without consideration or in disregard of facts or law or without determining principle.” -Black’s Law Dictionary Rational and Nondiscriminatory: However, when reviewing an association’s decision to compel a homeowner to stop or remove construction, courts require the association show more than just a
Common Questions About California HOA Disputes
(Just Now) Law Library. Common Questions About HOA Disputes . Have a dispute with your HOA? We’ve curated a comprehensive list of answers to questions our clients ask us everyday regarding disputes with HOA in California. Whether you are ready to engage us or not, these answers will …
Construction Defect & Contractor Disputes Attorneys
(2 days ago) Sometimes a construction project goes really well. You pay the contractor the appropriate deposit (under California law, the initial deposit cannot be more than $1,000 or 10%, whichever is less) and he goes about his business. If you have a good contractor, you end up with a beautifully renovated home.
Effective attorneys who put your interests first
(2 days ago) Law is complicated. And because real estate law is the oldest kind of law, it can be the most complicated type of law. But a good lawyer can make it seem easy to understand. That’s what we do. In fact, it’s what we do best. We collectively come from the preeminent real estate practices in California.
Fighting HOA's Interference In Solar Panel Installation
(9 days ago) That’s a big part of why it implemented the California Solar Rights Act, articulated in Civil Code section 714 and 714.1. This statue prevents HOA governing documents from effectively restricting or prohibiting the installation of solar energy systems in the interest of individual homeowners. Good news. However, “ [t]his section does not
Your Homeowners' Rights on Political Signage against HOA
(2 days ago) The statute comes with a public health or safety provision which states that your sign cannot convey a message which threatens public health or safety, or violates a local, state, or federal law. (Civ. Code, § 4710(a).)
Strategic Business Litigation and Compliance Attorneys
(8 days ago) Let Our Lawyers Handle the Rest. Business is complicated. Our attorneys can help you solve complex problems and take simple steps to prevent them before they occur. California has a rapidly changing legal landscape and hyper-competitive market. Those two things alone can can make doing business in California fraught with liability.
Requirements for HOA Architectual Standards LubinPhamCaplin
(9 days ago) The standards should require a specific written process for application and approval. For example, many HOA’s require that homeowners submit a written plan for proposed work, sometimes prepared by an expert contractor such as a roofer, flooring specialist, or architect and engineer for larger project. The architectural committee, or whoever
Homeowner’s Rights After Water Intrusion
(8 days ago) Law Library | Dispute with Your HOA. In Hot Water: Homeowner’s Rights After Water Intrusion. Many clients come to us with the question: What are my rights when I experience water intrusion and/or damage to my home? The answer requires analysis of the cause of the leak, the homeowner’s CC&Rs, and other information.
Sueing Individual HOA Board Members LubinPhamCaplin
(4 days ago) The short answer to this common questions is: Maybe. In general, California’s HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5 (b).) Directors of an association have no vicarious liability for torts of the association, even though they are the policymakers that control the association