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California Real Estate Law Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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?

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law for California on
Q: Im seeking to get ownership through adverse possession. The owner to the home (my great aunt) died over 20 years ago.

I’ve been living in the home consecutively for the last 12 years, and have made improvements to the home as well as all utilities are in my name. However when it comes to the taxes I would give a family member the money to pay them for me -whom last year became the administrator over the estate... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, to claim ownership of a property through adverse possession, you must meet specific criteria, including possessing the property openly and notoriously, exclusively, continuously for a period of five years, and paying the property taxes during that time. Given that you've lived... View More

1 Answer | Asked in Real Estate Law and Probate for California on
Q: How can I remove a transfer on death deed filed after 60 days from being signed, in California?

After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More

James L. Arrasmith
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answered on Feb 28, 2024

Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:

1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing....
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1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: Do I need an attorney for a california real estate LLC bankruptcy?

My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More

James L. Arrasmith
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answered on Feb 28, 2024

Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More

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