News & Updates
- Updates 2012!April 27, 2012
Top Ten Reasons to Buy
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The 2012 Condominium Bluebook is completely revised and features over a dozen new or amended laws governing:
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It contains all of the most relevant laws regulating owners’ associations in California in one concise, convenient handbook that easily fits into a briefcase or purse. |
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It contains selected statutes from eight different California codes, including the entire “Davis-Stirling Common Interest Development Act” (California Civil Code §§ 1350 et seq.) and relevant provisions of the “Nonprofit Mutual Benefit Corporation Law” (Corporations Code §§ 7110 et seq.) in one place. |
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It is updated annually so it is always current. |
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It contains a 100-page introductory chapter giving a simple, concise explanation of virtually every aspect of common ownership and association operations. |
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Most of the content is equally applicable to condominiums, planned developments (townhomes), lofts, stock cooperatives and community apartments. |
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It summarizes the most significant and relevant decisions of the California Supreme Court and California Courts of Appeal over the past 40 years. |
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Each new edition shows all new statutory language and court decisions in bold italic type for easy reference. |
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It contains sample forms (16), sample election rules, sample management contract, sample manager code of ethics, an abbreviated version of Roberts Rules of Order, and “20 Tips For A Successful Meeting.” |
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It contains a handy “Table of Disclosure and Notice Deadlines” to assist management in meeting disclosure deadlines. |
NEW Table of Contents
CHAPTER 1. CONDOMINIUM LAW – AN OVERVIEW 1
- I. COMMON INTEREST DEVELOPMENTS 1
- A. Types of Common Interest Developments 1
- B. Differences Between Condominium Projects, Planned Developments, and Stock Co-ops 2
- II. HOMEOWNERS’ ASSOCIATION STRUCTURE 3
- A. Legal Structure of Homeowners’ Associations 3
- B. Governing Documents and Plans 4
- 1. Subdivision Map or Condominium Plan 4
- 2. Declaration of Covenants, Conditions and Restrictions (often simply called the “Declaration” or the “CC&Rs”) 5
- 3. Articles of Incorporation 5
- 4. Bylaws 6
- 5. Homeowners’ Association or House Rules 6
- C. Law Governing the Governing Documents 6
- 1. Statutory Law 6
- 2. Case Law 7
- 3. California Department of Real Estate Regulations 7
- D. Other Issues Regarding the Governing Documents and the Law 8
- 1. Binding Effect of Governing Documents 8
- 2. Liberal Construction of Governing Documents 8
- 3. Conflicts between the Governing Documents and Statutory Law 8
- 4. Ambiguous or Unclear Governing Document Provisions 9
- 5. Unreasonable or Unfair Governing Document Provisions 9
- 6. Owner’s Right to Inspect and Copy Governing Documents and Homeowners’ Association Books, Records, Minutes and Rules 9
- 7. Amending Governing Documents: Procedural Requirements 11
- a. CC&Rs 12
- (i) Eliminating Developer-Related CC&R Provisions 13
- (ii) Court Ordered Amendment of CC&Rs 13
- (iii) Extending Life of the CC&Rs 14
- (iv) Special Approvals 15
- (v) Ballot Solicitation 16
- b. Bylaws 16
- c. Articles of Incorporation 17
- d. Condominium Plans and Subdivision Maps 18
- a. CC&Rs 12
- 8. Identity of “Declarant” 18
- III. OWNERSHIP, ACCESS AND USAGE 19
- A. Individually Owned Portions of a Condominium Project 19
- B. Individually Owned Portions of a Planned Development 20
- C. Ownership of Common Areas 20
- D. Use of Common Areas 21
- 1. By a Unit or Lot Owner 21
- 2. By a Non-Resident Unit or Lot Owner 21
- 3. By Guests and Tenants 21
- 4. Restrictions on or Fees for Use of Common Area 22
- E. Exclusive Use or Restricted Common Area 22
- F. “Percentage Interest” or “Common Interest” 23
- G. Party Walls 23
- H. Partition 23
- I. Individual Unit or Lot Split Off 24
- J. Sale or Exchange of Portions of Unit or Lot 24
- K. Sale or Exchange of Exclusive Use or Restricted Common Area 25
- L. Combination of Two or More Units or Lots 25
- M. Access 25
- 1. Homeowners’ Association Access to Individually Owned Units or Lots 25
- 2. Unit or Lot Owner Access to Neighboring Unit or Lot 26
- N. Rental Restrictions 26
- O. Transfer of Ownership 27
About The Author
Branden E. Bickel is a principal and senior attorney in the firm of Bickel & Associates. Education: J.D. 1971, University of California, Berkeley, School of Law 1971; B.A, 1968, University of California, Davis. He is a Captain (Ret.) in United States Army Intelligence. Mr. Bickel specializes in community association law and his firm provides a wide range of legal services to homeowner associations throughout Northern California. Mr. Bickel is “AV” rated by the national publication Martindale-Hubbell Law Directory.
Mr. Bickel has qualified as an expert witness on condominium law for the purposes of trial testimony in both California Superior Court and United States Federal District Court. He has also served as an arbitrator/mediator for the United States Federal District Court in San Francisco for over 10 years. He has acted as a private mediator to assist in the resolution of condominium disputes in more than a dozen cases. He has been retained to act as an expert consultant/witness in approximately 15 cases split equally between plaintiff and defense. Mr. Bickel has been personally responsible for handling an estimated $100,000,000 in condominium construction defect claims.
Branden Bickel is a highly respected condominium law attorney in California who advises homeowner associations throughout California and revises governing documents for associations using The Rewrite Program. For more information on the Rewrite Program, click here.
