The Law Office of William Stanger FindLaw IM Template2024-03-19T18:27:01Zhttps://www.williamstanger.com/feed/atom/WordPress/wp-content/uploads/sites/1603371/2022/02/cropped-sit-icon-32x32.jpgOn Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=499162024-03-19T18:27:01Z2024-03-19T07:48:31ZLiving 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 odds with their HOAs. Most of the time, these disputes escalate toward legal action. What are the most common reasons homeowners sue their HOA?
Negligence
Maintaining public areas and, in some cases, some aspects of individual properties are among the primary roles of HOAs. Most of the neighborhood’s funds are typically used for maintenance and repairs. If an HOA is slow to make necessary repairs, homeowners may choose to sue their HOA to enforce maintenance obligations.
Remodeling disputes
Upon moving in, homeowners typically agree to follow the rules set by their HOAs, which include obtaining approval before making modifications to their property. Conflicts can occur when an HOA denies a homeowner’s plan for modifications, especially when there is perceived inconsistency in how rules are applied.
Discrimination
A neighborhood where the HOA has established many rules is not uncommon. However, suppose these rules are enforced selectively or based on protected characteristics, such as race, marital status and the number of kids in a household. In that case, the HOA may find itself battling lawsuits from residents.
Unfair pet policies
For most homeowners, their pets are part of the family, which is why HOA policies concerning them are often the subject of disputes. Homeowners suing HOAs over pet disputes occur as homeowners attempt to change the rules or force the HOA to allow them as an exception. When it comes to protecting and maintaining peace in a neighborhood, it is crucial to know where the authority of the HOA ends and where a homeowner’s property rights begin. This understanding is critical to determining whether a homeowner is experiencing a violation of their rights and if they have grounds to pursue civil action.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=499152024-03-18T13:23:44Z2024-03-18T13:23:44Zthey can escalate into a major obstacle when left unsolved. While a tree adds beauty to a garden, it can injure neighbors or damage a neighbor’s property when it grows too big. Here are four common instances when trees cause neighborhood disputes.
The tree’s branches and roots grow over to your property
When unkept trees grow too big, their branches and roots can cross the fence. Branches can fall over and cause damage to a neighbor's property. A falling tree branch and protruding root can even cause injuries. If the concern is left unresolved after talking to your neighbor, you could require your neighbor to pay for the injury or damage their tree caused you.
The tree leaves fall over to your property
Leaves, acorns or any similar fruit of a tree comes off naturally. If these end up on your property, it will become your responsibility. However, this conflict could also escalate when your neighbor’s tree covers your lawn with dried leaves and acorns, leaving you cleaning it up for hours.
The tree harms your plants
There are types of trees that are considered invasive to other plants. If your neighbor’s tree harms your plants, you could require them to pay for the damage and remove their tree.
The tree blocks your view
A property’s value sometimes depends on its view. The view from your home also affects your preference and security. There are cities with ordinances protecting the view of a homeowner. If the tree owner refuses to clear up your view, you can bring the matter to the city council. On the other hand, you can contact your Homeowners' Association when there is no city ordinance. Often, the contract that homeowners sign when purchasing a home includes rules on trees.
Neighborhood disputes can be frustrating at times. Legal options are available for you when your neighbor does not want to cooperate and compromise to solve the issue. The guidance of a real estate attorney could help you protect your rights as a homeowner.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=499142024-03-04T13:55:26Z2024-03-04T13:51:22ZYou're ready to buy your dream home in California. The price is right, the location is perfect and you're already visualizing your life there. But then the appraisal comes in, and it's lower than the purchase price.
Before you know it, the low appraisal derails your home-buying journey. What happens next?
The impact of a low appraisal
When the appraised value of a home is lower than the purchase price, it can be a huge roadblock when buying a home. Lenders use the appraised value to determine the amount they're willing to lend you. If your appraisal is low, they might not lend you enough to cover the purchase price. For example, if you're looking at a house with a price tag of $500,000, but the appraisal comes in at $475,000, the bank may only offer you a mortgage for $475,000.This situation leaves you with a gap between what you can borrow and the price you've agreed to pay. Suddenly, you find yourself scrambling to find extra funds or renegotiating with the seller to lower the price.
Dealing with the fallout of an appraisal
A low appraisal can create a stressful situation. You might feel like you're back at the starting line, renegotiating a deal you once thought was final. If you can't source the extra funds and the seller remains firm on the price, you could potentially lose the home. This can be particularly frustrating if you've already invested time and money into inspections and loan application fees.Remember, if you're confronted with a low appraisal and the challenges that come with it, there are certain strategies you should consider, such as challenging the appraisal or requesting a new one. However, these strategies might require additional time and resources. So, consider seeking an attorney experienced in real estate law. They can provide valuable guidance and help you understand your options.Even if the journey becomes a bit more complicated, your dream home can still be within reach.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=498942024-02-21T06:58:56Z2024-02-21T06:58:56ZA requirement in California
When selling properties in California, sellers must disclose any known deaths on the property within the last three years. This rule applies regardless of whether a death was peaceful or violent. However, the law does not require the disclosure of a death that occurred on the property if the death was due to natural causes, AIDS or any other illness that could not be transmitted through occupancy of the property.
After three years, sellers no longer have the legal obligation to disclose such events unless a buyer specifically asked. Otherwise, sellers who conceal or lie about the truth can face legal repercussions.
The reason behind this disclosure requirement is that, under certain circumstances, death can be a material fact that affects the property's value or desirability.
Your right as a potential buyer
The law requires property sellers to provide you with comprehensive information about a property's condition and history, which can help you make informed purchase decisions. This includes receiving information about any deaths that may have happened on the property. If they fail to do so, you may have remedies against them for failure to disclose material facts about the property.
Nonetheless, there are still exceptions to this. Hence, it is advisable to seek guidance from a knowledgeable real estate attorney before taking your next step.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=498932024-02-14T16:29:17Z2024-02-15T16:26:08ZTitle insurance is a bit different than other types of insurance. One big difference is that usually the policyholder will pay one premium at the time of the sale instead of paying premiums over time. Likewise, the terms of the policy are fixed. Coverages do not change over time.
Title insurance protects the policyholder’s title, that is, their legal rights to the land as it was sold to them.
It does not protect the home or building itself, nor does it protect the policyholder from liability claims that do not pertain to title, like a slip-and-fall case for example. A person would need a separate homeowner’s policy for this type of coverage.
In other quarters of the insurance world, carriers expect to pay claims from time to time. This is less so the case in title insurance.
Before issuing a policy, an insurance carrier or their agent will carefully examine the history of the property and identify any possible legal disputes over title.
The carrier will then exclude these known issues from coverage. Several other standard exclusions also apply.
If there is a problem with the policyholder’s title, or a title defect, and the defect is covered, then the insurance carrier must either resolve the problem or pay an amount up to the limits on the policy.
How might title insurance benefit me down the road?
It is surprising how many properties in the greater Bay Area have issues related to title.
Aside from more obvious problems like easements, improper or conflicting descriptions, tax liens and the like, surprise defects may emerge from unpaid for construction on a property or even a divorce or seemingly unrelated legal dispute.
These stressful situations could in the worst case mean a person loses their entire investment in their real estate and may be forced to move.
Residents of Northern California should explore whether title insurance might help them resolve these issues.
They may also need help pursuing any claim with their insurance carrier. Carriers may dispute that they must respond to a claim, sometimes without good cause.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=498922024-02-13T08:22:09Z2024-02-13T08:22:09ZSingle and double-net leases
Commercial tenants that sign single-net leases are responsible for covering the costs of utilities and janitorial services. This means that the amount they pay can vary from month to month. These tenants also pay some or all of the building’s property taxes. A double-net commercial lease adds the cost of property insurance premiums to the tenant’s base rent. Commercial landlords who offer their tenants single or double-net leases cover the costs of maintaining the building’s common areas and pay for maintenance and repairs.
Triple-net and absolute triple-net leases
Triple-net commercial leases require tenants to pay for just about all of the costs of operating and maintaining the building. These costs include common area maintenance, landscaping, trash collection, sewer and water bills and property management fees. Absolute triple-net leases are rare in the commercial real property sector. These leases make the tenant responsible for unanticipated expenses like construction costs. A tenant who signs an absolute triple-net lease would have to pay for construction even if the building was damaged or destroyed by a weather event or other natural disaster.
Comparing commercial leases
Commercial tenants should ask plenty of questions and read the fine print before they sign commercial leases. There are several types of commercial real estate leases, and most of them require tenants to cover costs and expenses that residential landlords are usually responsible for. Expenses commonly paid by commercial tenants include property tax payments, insurance premiums, utility bills and janitorial costs.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=498892024-02-02T16:29:07Z2024-02-01T16:27:22ZImprovement examples
Improvements may include renovating the interior of the building to change the layout, updating flooring, and painting. You may also choose to add new furniture or fixtures for meeting areas, create common spaces, or add functional desks, for example.
They may also include updating or replacing outdated systems, like heating and air conditioning or adding security controls. You may also choose to add a logo or design to the outside of the business to highlight it.
Disputes and resolution
Disputes can arise with your landlord if you do not obtain permission to make the improvements first. It’s important to check your lease for any prohibited improvements. Your landlord may also state that the value of any improvements you make belong to them, especially if they pay for them.
If your landlord is informed that the improvements violate building codes or zoning regulations, they may dispute who is responsible for paying fines for non-compliance. Also, if the improvements go beyond the scope of what the landlord believes they agreed to, it can cause a dispute.
Disputes may be resolved through direct communication with the landlord. If that is not successful, you may want to consider resolving it in court.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=498862024-01-17T19:50:30Z2024-01-17T19:50:30ZMajor San Jose land deal falls through
According to a recent news repot, a major Bay Area real estate deal collapsed when the buyer and seller could not agree to terms, even though the sale had been announced many months earlier.
The deal involves a 3,564-acre rural area in southeast San Jose. A former ranch, it has been zoned for agricultural use and is mostly undeveloped and pristine. The Chinese firm Z&L Properties paid a reported $25 million for the property in 2017, but reportedly never made any changes to it.
Last April, Z&L agreed to sell it to San Jose-based Terrascape Ventures for an undisclosed sum, but by December, the two parties quietly ended the deal.
Z&L, which owns other properties in the San Jose area, has faced a number of legal and financial problems in recent months, but news reports did not reveal if these were related to the failure of the rural land deal.
Protections
It's common for residential real estate sales contracts to have contingency clauses which allow the buyer to back out of the deal at little or no cost to them. These clauses may spell out some of the possible contingencies that might cancel a deal, such as the home's failure to pass inspection or the buyer's inability to secure a suitable mortgage.
There is more variety in commercial real estate transactions, but it's also wise for all parties involved to have some sort of contingency clause in their contracts so that they can be protected from the financial and legal consequences if it becomes impossible to go through with the deal.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=498802024-01-08T23:17:01Z2024-01-04T22:30:31ZSolar access laws
Many states have so-called solar access laws that protect residents' rights to sunlight, and more than half the states have laws protecting homeowners' right to install solar panels on their homes even when their HOAs object. Some of these laws are stronger than others, and some states enforce them more than others. Analysts say they expect these laws to become more common in the years ahead as the public becomes increasingly conscious of environmental concerns.
California has had solar access laws on its books for decades. The Solar Rights Act of 1978 limited the ability of HOAs to restrict residents from installing solar energy systems. Under the law, HOAs can place restrictions on solar power only if the restrictions are "reasonable."
Of course, many legal disputes have begun with a disagreement about what is reasonable and what is not. In some cases, an HOA may tell a resident that they can install solar panels only on the north-facing side of a roof, but the resident may counter that this would mean the panels would receive insufficient sunlight.
These disputes can be highly fact-specific, and it's wise for anyone involved in such a disagreement to seek out professional advice.]]>On Behalf of The Law Office of William Stangerhttps://www.williamstanger.com/?p=498772023-12-21T04:36:09Z2023-12-21T04:36:09ZTechnology epicenters
Cities like San Francisco, San Jose, Menlo Park, Palo Alto and Mountain View have long been technology epicenters. The area that became known as Silicon Valley once attracted tech startups like Apple, Google, Cisco and Adobe, and it is still considered the best place to find workers with skills in emerging fields like AI. This is why OpenAI chose to place its headquarters in San Francisco in 2015, and it is why at least 10 other AI companies are said to be looking for office space in the city.
A long road ahead
San Francisco mayor London Breed says that she wants to make the city the world’s AI capital, and she has proposed converting unused Union Square retail space into offices. Her enthusiasm is not shared by some commercial realtors who believe that AI companies are not numerous enough and do not employ enough people to replace all of the city’s former office workers. Office vacancies in San Francisco recently climbed to levels last seen three decades ago, and one of the city’s most prestigious office building sold in 2020 for about a quarter of its original asking price.
Economic trends
The commercial real estate market has always followed economic and demographic trends. Shopping malls and entertainment complexes were built when city residents flocked to suburban communities, and supertall skyscrapers were erected to meet the need for prestigious office spaces. The popularity and economic benefits of work-from-home arrangements have tempered the need for commercial real estate in recent years, but the demand for office space in some cities is being buoyed by emerging industries. In San Francisco, AI is the developing field that commercial landlords are pinning their hopes on.]]>