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California Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for California on
Q: Can HOA capital improvements to common areas trigger a property tax reassessment for the individual owners?

I'm a condo owner in a 3 unit building in San Francisco. We are in the beginning stages of working with a contractor to expand the shared garage to add additional parking. Right now its a 1 car garage the owners rotate use of each month but with these plans each unit will have their own spot.... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, property tax reassessment can occur when new construction is completed or when there's a change in ownership. However, improvements to common areas by a homeowners' association (HOA), such as expanding a shared garage, may not directly trigger a reassessment of... View More

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2 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Family Law for California on
Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
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answered on Mar 20, 2024

Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: what does it mean when the writ of execution by possession is stamped with " the clerks office will set hearing date?
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answered on Mar 17, 2024

When a writ of execution by possession is stamped with "the clerk's office will set hearing date," it indicates that a court hearing will be scheduled to address the matter further. This is part of the legal process where the court will review the details surrounding the writ, which... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can the Board revoke rental privilege if the owner is constantly late on Condo monthly dues ? Calif.

Landlord/ unit owners get $thousand of dollars in rent, yet can not pay $400.00 in monthly dues on time. chronic late payers.

James L. Arrasmith
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answered on Mar 13, 2024

In California, a homeowners' association (HOA) or condo board has the authority to enforce its governing documents, including bylaws and CC&Rs (Covenants, Conditions, and Restrictions). However, the ability to revoke rental privileges due to late payment of dues depends on the specific... View More

Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

James L. Arrasmith
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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.

My mom just recently received the summons and he's asking for 50% of the house that I live in.  He helped me buy it by lending me his credit.  I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he... View More

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:

1. The condo is in your name, not your mother's or her husband's. It sounds like you are...
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1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can you file a lawsuit in small claims for attorney cost for to obtain for a wrongful temporary restraining order?

The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More

James L. Arrasmith
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answered on Mar 9, 2024

In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More

1 Answer | Asked in Real Estate Law, Energy, Oil and Gas, Land Use & Zoning and Municipal Law for California on
Q: Can Edison charge to move an electric pole in my property? can I force Edison to move them for free?

I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.

Edison wants to charge me $30,000.00 to move the pole. This is a... View More

James L. Arrasmith
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answered on Mar 7, 2024

Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I'm stuck on the issue of maintenance responsibilities for the view fences/walls located in the back of homes.

I'm stuck on the issue of maintenance responsibilities for the view fences/walls located in the back of homes that are located between a private lot and an Association common area lot. Party walls are located between two private lots, not on the Association common area. Based on everything I... View More

James L. Arrasmith
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answered on Mar 7, 2024

In California, the responsibility for maintaining fences or walls between a private lot and an HOA common area is typically determined by the HOA's governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any other applicable rules and regulations.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: we build a patio way in the back the owner of all land behind our fence said 50 ft where we build was his what do we do?

He told us he can selll at additional 12k that he new we bout expensive already and started a land line division but it’s bn a year this month and boy sure what’s going on he threatened me that he can pay us 500 to cut off lights on patio if worst case also he is mad cause we don’t have... View More

James L. Arrasmith
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answered on Mar 6, 2024

In California, if you've built a patio on land that turns out to belong to someone else, it's important to address the issue promptly to protect your investment and rights. The first step is to consult with a real estate attorney who can help you navigate the complexities of property law.... View More

2 Answers | Asked in Real Estate Law for California on
Q: What to do and who to seek if seller did not disclose the property we bought in Elk Grove as landfill area?

After we bought a 40ac land in Elk Grove, CA, we hired eng'g consultants and they found out that the property has municipal solid waste underneath. This was not disclosed by the seller/owner of the property. On the seller disclosure docs, it says the property is "clean". We need... View More

James L. Arrasmith
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answered on Mar 6, 2024

In California, if you find yourself in a situation where the seller did not disclose that the property you purchased in Elk Grove was previously used as a landfill area, the first step is to seek legal advice. Attorneys with experience in real estate law and specifically in nondisclosure disputes... View More

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2 Answers | Asked in Real Estate Law for California on
Q: My HOA has not repaired our community cluster mailbox (for my particular mailbox) for two years. HOA lied about repair.

My mailbox has been broken and after repeated requests, they ignore my request or tell me something is done or try to absolve responsibility. Latest email they claimed to repair and they did not. I took a picture of the mailbox and now I am being igorned. We pay $580/month for them to only do... View More

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answered on Mar 6, 2024

Under California law, homeowners associations (HOAs) have a duty to maintain and repair common areas, which may include community cluster mailboxes, depending on the governing documents of your specific HOA. If your mailbox has been broken for an extended period, and the HOA has failed to address... View More

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2 Answers | Asked in Real Estate Law for California on
Q: My HOA has not repaired our community cluster mailbox (for my particular mailbox) for two years. HOA lied about repair.

My mailbox has been broken and after repeated requests, they ignore my request or tell me something is done or try to absolve responsibility. Latest email they claimed to repair and they did not. I took a picture of the mailbox and now I am being igorned. We pay $580/month for them to only do... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 6, 2024

I encourage you to review the answer by atty Arrasmith.

Review CCR's

Sometimes, you must consider the cost involved to achieve your desire and the consequences of making waves.

Getting a lawyer involved is never a cheap answer, and here in the greater Palm Springs area,...
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1 Answer | Asked in Real Estate Law for California on
Q: I live in a community with HOA. The HOA board does not do upkeep on our building or have regular meetings is this legal

What can be done in this situation

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answered on Mar 5, 2024

Homeowners' Associations (HOAs) are generally required to maintain common areas and ensure the community's well-being according to their governing documents, such as the CC&Rs (Covenants, Conditions, & Restrictions), bylaws, and state laws. If your HOA board is not performing... View More

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for California on
Q: Brother is getting divorced after 6 years, but might back out due to worry over inherited home.

I did everything according to my lawyer as trustee of my parent's trust, which contained their home. Upon their death, My brother deposited my half of the money into the trust. I then, as trustee, signed the house over to him. That meant, according to my lawyer, he inherited 100% of the... View More

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answered on Mar 3, 2024

In California, property acquired through inheritance is generally considered separate property, not subject to division in a divorce. However, the situation becomes more complicated when a spouse is added to the title of the inherited property, as it may be seen as converting the property from... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: If a property is sold and new one purchased does it make it part of the estate prior to marriage?

My parents divorced in 1977 each kept one as part of the settlement. Several years later my father sold his and used the proceeds to purchase new home. About 7 years later he remarried and she moved into my dads. Some time later he sold that property and again used money to purchase new home.... View More

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answered on Mar 3, 2024

Under California law, property acquired before marriage generally remains the separate property of the spouse who acquired it. If your father sold a property he owned before remarrying and used those proceeds to purchase a new home, the nature of the new property's ownership depends on how it... View More

1 Answer | Asked in Real Estate Law for California on
Q: Does a sonoma county California permits enforcer need to be surety bonded to come on your property in a rural area

Non operative vehicle storage yard un permitted occupied travel trailers and junkyard conditions the junkyard has been on this property since we bought it in 1974. Wouldn't it be grandfathered in?

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answered on Mar 2, 2024

In Sonoma County, California, code enforcement officers, including those enforcing permits, generally do not need to be surety bonded to enter your property for inspections. Their authority to inspect properties, especially in cases where there are potential violations of local ordinances or zoning... View More

1 Answer | Asked in Real Estate Law for California on
Q: What options are available to resolve a neighbor dispute when your access to property is blocked

In front of my property is a vacant 1035sq open space lot that is owned by my neighbor ,two other neighbors also cross his property to their homes. We have known the previous owner for years and would park there along side his vehicles we became the owners as of 2019 and continued to use the... View More

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answered on Mar 2, 2024

In California, when access to your property is blocked by a neighbor, several options are available to resolve the issue. One common approach is to attempt mediation. Mediation involves a neutral third party helping both sides reach a voluntary, mutually acceptable resolution. This can be a... View More

Q: City public works contacted me saying they're guessing my my waste management company truck caused road damage.

City public works contacted me saying they're guessing my my waste management company truck caused road damage. They want me to hire a contractor to pay for the damage caused to the road and the berm. This is outside of my property line, and seems like they should be contacting the waste... View More

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answered on Mar 1, 2024

In California, it's important to understand that while property taxes contribute to the maintenance of public spaces, including roads, the responsibility for damages caused by specific actions or entities can be allocated differently. If a waste management company truck is alleged to have... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: Married man filed "unmarried" in property quitclaim deed, is there anything we can do? (Married 2000, deed filed 2006)

Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is... View More

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answered on Feb 29, 2024

In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be... View More

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