Most planned communities in California have their respective Homeowners’ Associations (HOAs) managing the neighborhood. The HOA oversees various aspects such as maintenance of communal areas, enforcement of neighborhood rules, collection of fees and upkeep of the...
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Litigation
4 common reasons homeowners sue their HOA
Living in a neighborhood managed by a governing body, like a homeowners association (HOA), can offer numerous benefits, including community maintenance and the protection of property values. However, there are also many instances where homeowners find themselves at...
FAQ: Why you should never agree to arbitration.
I don't let my real estate and construction clients sign optional arbitration provisions in contracts. Whenever I see an arbitration provision in a draft contract, I strike it out with extreme prejudice. Then I invariably get the question from the...
Dealing with homeowners association disputes
If you are a homeowner in San Jose, you might deal frequently with your homeowners association. You may have even had your share of run-ins with this body. They are there to regulate the neighborhood they represent. To do this, they sometimes charge fees that...
Can I sue for punitive damages?
Sooner or later, most litigants dream about have a “Hot Coffee Case*” moment, where they can recover tens or hundreds of millions of dollars from a company for a minor injury in the form of “punitive damages.” Punitive damages are only available in certain tort cases...