“Business Judgment Rule” Applies to HOAs
California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith…
Court Addresses “Presumptively Legal” Parcels Under Subdivision Map Act
California’s Subdivision Map Act (“SMA”) governs the legal subdivision of property in California. The SMA’s approval process is familiar to most developers. The statute’s purpose is…
Sometimes, an HOA Can Sue on Behalf of its Members
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl…
Local Government Agencies Can Be “Alter Egos” Too
The “alter ego” doctrine has been a frequent topic of posts on the Money and Dirt and LLC Jungle blogs. (See here, here, here, here, and…
Remedies for Trespass by Encroachment
This post was authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl LLP.…
Developers Lose Challenge to Annexation Fees
Real estate developers are painfully aware of various types of fees imposed by local agencies as a condition for permitting development projects. A pair of opinions…
HOAs vs. ADUs
Accessory dwelling units (ADUs) have become popular during the run up in California real estate values. ADUs have been touted for several benefits, including increasing housing…
Alter Ego Claims — Beware Attorney Fee Liability
One of the essential purposes of forming an entity and conducting business through that entity is to limit the owners’ personal liability. California law generally views…
A Development Agreement Is A Contract And Can Alter Map “Vested Rights”
Most developers are familiar with the notion that under California’s Subdivision Map Act, the vesting tentative map statutes provide a way of fixing a developer’s rights. …
The “Transit Housing” Bill is Back
About one year ago, Money and Dirt covered the evolution — and demise — of the “transit-rich” housing bill proposed by State Senator Scott Wiener. For…