“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…
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…
CC&R “Subordination” Provisions and Lien Priority
In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule,…
Money and Dirt: Reviewing 2016
Here is a look back at some of the top real estate and secured lending developments from 2016 covered here at Money and Dirt: The California…
Beware CC&Rs — They Can Bite
In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most…
Respect the Remedy of Rescission in Real Estate Disputes
Claims seeking damages for broken real estate deals may be more common, but the remedy of rescission often provides the most bang for the buck. In…