Comments for Condo Law Guru

Comment on Patience and Pragmatic Behaviors Pay Off in HOAs! by Beth Grimm

Beth Grimm — Tue, 27 Jul 2010 18:13:17 +0000

I believe that using the name of a trust for holding property has become quite commonplace because of families attempting to avoid inheritance taxes by effecting the pass of real property on to their children or heirs through a trust. Of course, there may be scammers among the bunch too. I believe that the individual trust owner(s) – the Trustor(s) – and possibly the Trustee if the Trustors have passed could be held liable/responsible for any claims that could be made against the trust as the owner of the property, and any individual who engages in illegal activity, whether trying to hide behind a trust or other kind of entity can be held responsible (criminally or personally) for their activities. Of course, for homeowner associations it becomes more of a challenge to get to someone and hold them accountable when trying to collect delinquent assessments on property held in a trust, but it’s not impossible to get to the right people.

Comment on Patience and Pragmatic Behaviors Pay Off in HOAs! by JAMES LENNOX

JAMES LENNOX — Sat, 24 Jul 2010 16:26:39 +0000

Please address the legal situation regarding homeowners whom have placed the property in a Trust and then named themselves as trustee vs homeowner.
The problem is they now act as if they are untouchable legally as their major asset, many do not have any mortgage and the property title is held in the trust’s name of course.
It appears, in some cases, that this is their major asset (approx $500k)
Some are or were board members and officers and manage in any way they want to with impunity so it appears.
This cannot be common situation or is it?
I believe they can be still held liable for their illegal actions, personally. Please comment

Comment on Renters – Fines – Whose on First? by Beth Grimm

Beth Grimm — Mon, 12 Jul 2010 17:29:12 +0000

Speaking in terms of "super", I can only assume that your situation is an apartment situation, but perhaps not. Owners/Landlords have more authority to do things and the leases generally spell out the rights of entry. In an HOA or Condo situation, the governing documents would spell out the available remedies (although they may be scattered and hard to find or hard to understand and apply as written - as often is the case). All HOAs and Condos are held to laws in California that require advance notice (a hearing notice, hearing and decision letter) before disciplinary action which might include fines and/or removal of the item can be legally imposed. The scoop on Enforcement is covered comprehensively in my Primers on Enforcement that are available in the webstore at the guru website.

Comment on Election Gone Bad in HOA or Condo Association – Who’s In Charge? by Beth Grimm

Beth Grimm — Mon, 12 Jul 2010 17:25:24 +0000

I would say that someone should get some legal advice on what to do. The board members can outvote the Pres if she resists getting advice. There are a lot of potential problems raised here. Any attorney advising the HOA needs to hear from both sides before advising as to the best course of action.

Comment on Renters – Fines – Whose on First? by mbernato

mbernato — Sat, 10 Jul 2010 15:28:53 +0000

askthepropertymanager.com had a similiar question. Our response was to contact the unit owner, and provide ten (10) days time to remove the barbeque. If after ten days the barbeque remained we advised the super, accompanied by Security or the Property Manager should remove it, log it in a book, label it and place it in storage under the name of the tenant.