Land Use, Environmental, and Real Estate Law in California
by Elias E. Guzman
In Trend Homes v. Superior Court of Fresno County (2005) 131 Cal.App.4th 950, the court of appeal recently held a judicial reference clause in a sale and purchase contract for residential real property was not unconscionable.
Continue Reading Trend Homes: Judicial Reference Provision Held not Unconscionable
by Joel Ellinwood, AICP
Developers and the general public think of townhouses as dwellings built on separate lots with common walls shared with neighboring property owners, as being more like single family homes. Each unit has a direct connection to the earth below and sky above. Condominiums, on the other hand, are perceived as being cubicles within a larger structure, and only a shared interest in the real estate on which the structure is located and common areas within and around the building.
Continue Reading What is the Difference Between a Townhouse and a Condominium? Depending Upon the Statute, Most Likely Nothing.
Abbott & Kindermann, LLP, along with David Storer at Development Advisory Services, recently teamed up to secure City Council approval of a 230 lot subdivision in Porterville, California. Their efforts included convincing the City that a proposed emergency ordinance would not apply to the tentative map application previously deemed complete by the City.
by Janell M. Bogue
Recently in San Diego County, an association of residents of two subdivisions (“Association”) sued the developer that retained control over the architectural committees responsible for enforcing the community’s CC&Rs. Property Owners of Whispering Palms, Inc. v. Newport Pacific, Inc. (2005) 132 Cal.App.4th 666.
Continue Reading DRE Regulations on Architectural Control Committees Apply Only to Common Interest Subdivisions
On the bright side, we have learned that there is one more local agency action exempt from CEQA. In Citizens to Enforce CEQA v. City of Rohnert Park (2005) 131 Cal.App.4th 1594, an MOU entered into between the City of Rohnert Park and a local tribe, the subject of which was a funding agreement to…
After four planning directors, 12 years, and umpteenmillion dollars, El Dorado County finally has a general plan. On August 31, the trial court found that the County had complied with its earlier ruling in 1999, which had set aside the 1996 General Plan. It remains to be seen if the opponents will purse their claims…
by Elias E. Guzman
In Acosta v. Glenfed Development Corp. (2005) 128 Cal.App.4th 1278, the court of appeal recently held that a developer/general contractor can be liable long after the 10 year statute of limitation period for the willful misconduct of subcontractors involved in the project.
Continue Reading Exception to 10-Year Statute of Limitations Rule for Construction Defect Litigation
As a general limitation, the Unruh Civil Rights Act (Civ. Code, §§ 51-51.4), bars any form of discrimination in residential developments unless expressly permitted. Senior citizen housing is one of the exceptions. In order to comply with the Act, the development is subject to limitations impacting physical design, age and related occupancy, and operation of…
by William W. Abbott Concerned over the supply of affordable housing, the Legislature has in recent years sought to create incentives for developers. One incentive area involves density bonuses. (Gov. Code, § 65915.) Although this concept has been embodied in the state zoning law for a number of years, it failed to achieve its purpose…
by Elias E. Guzman
In Woodridge Escondido Property Owners Assn. v. Nielsen (2005) 130 Cal.App.4th 559, the court of appeal recently affirmed a trial court’s ruling that a homeowner’s construction of a wooden deck encroached upon a side yard easement in violation of the homeowner associations’ declaration of covenants, conditions, and restrictions (“CC&Rs”).
Continue Reading Woodridge: Encroaching Decks and CC&Rs?
