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Resources for a Landmark Community

Legal Guidelines

Los Angeles City
diamond Los Angeles City Mills Act Program
from the Office of Historic Resources' website.

diamond Los Angeles City's Preservation Ordinance
Proposed work will continue during 2010.

State of California
State Legislations Relating to the Mills Act

diamond Reserve Funding Plan (2007-2009)
Civil Code 1365
Provides an important tool for the community's preservation efforts. The association is to develop a projected 30-year plan for the major components, and an annual report be given to the homeowners.
diamond diamond Disclosure of Interest Rates (2009)
AB 899
Disclosure of interest rates and Inflation rate for assessment and reserve funding assumptions.
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diamond Procedures for Architectural Decisions (2005)
Civil Code 1378(a)
The purpose is to protect property values and to insure due process for the individual homeowner. Helps to protect historic integrity if qualified volunteers and professionals are involved.
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diamond Disclosure of Records (2006)
Corporation Code 8310, 8311, 8313, 8320
Provides access for the individual homeowner to association
records.
diamond diamond Disclosure of Required Documents
Civil Code 1363.005
A list of documents that must be disclosed to homeowners upon request.
diamond diamond Electronic Distribution of Documents (2009)
AB 899
Guidelines for sending electronic documents to homeowners.
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diamond A provision in any governing document is void
that restricts landscape water conservation and low water plants (2009). AB 1061
diamond Plumbing fixtures in multi-family residential and commercial real estate must be replaced with water conserving plumbing by 2014 or 2019; disclosure to seller by 2017 (2009).
SB 407
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diamond Distribution of Minutes
Civil Code 1363.05
Distribution of Board minutes to homeowners within 30 days.
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diamond Election Procedures (2006)
Senate Bill 1560 (effective September 18,
The purpose is to correct election abuses in California condominiums. Because of its Landmark status, the Village Green must follow both state and federal procedures for proper election.
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diamond Ombudsperson---Assembly Bill 770 (2007 and 2008)
As predicted, this bill was recently vetoed by the governor. The purpose of an independent ombudsperson agency is to provide oversight---handling homeowners' complaints and providing education on proper condominium governance and management.

References:

diamond California Civil Code

diamond The Davis-Sterling Act

State of California
Judicial Decisions
Court decisions is another legal source in the ongoing process of re-defining condominiums, and can have an impact on the Mills Act. Two major litigations at the Village Green have influenced condominiums both on the state and national levels. They are:
diamond O'Connor v. Village Green Ass. (1983)
diamond Francis T. v. Village Green Ass (1990)
Both cases deal with human right issues.

Judicial Decisions Related to the Mills Act
diamond Lamden v. LaJolla Shores Assn.(1999)
The board and maintenance issues
diamond Ritter & Ritter v. the Churchill Assn. (2008)
The board held accountable for negligence in maintenance of common areas.
diamond Yu Fang Tan v. Arnel Managment Company (2008)
The board can be liable for negligence if it does not take proper measures to maintain safety measuresin the common areas.

 

Explanations of state legislation's and judicial decisions can be found in two sources. The first is the California Condominium Bluebook by Bickel and Sirkin (issued annually--can be ordered on Amazon.com). The other is Advising California Interest Communities by Sproul and Rosenberry (two volumes), which is part of the continuing education series sponsored by the California Bar. Available at the Los Angeles County Law Library.


Also, these websites are helpful:
diamond CAI-- Greater Los Angeles Chapter
This chapter has an on-going training program for Board members on condo management and the most recent legislations. It also presents an annual program on new legislations and court cases.
diamond Davis-Sterling.com
Comprehensive legal site for condominiums.
diamond Condo Law in Callifornia
Blog on the most recent developments in California condominium law by Adrian J. Adams of Adams Kessler PLC.
diamond Condo Court
Blog on recent court courses relating to condominiums by Gary Kessler of Adrian J. Adams of Adams Kessler PLC.

Other Related Sources

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