Back in 2012, as transmission of signals for television via satellite became more prevalent, and California homeowners and HOAs were in conflict over the ability of homeowners to install satellite dishes and antennae on rooftops, the Legislature stepped in and prohibited HOAs from establishing general policies that would prohibit an owner from installing rooftop antennae…

I’ve included a link below to an interesting recent article concerning a bid to repeal the predominant residential rent control statute in California, the Costa-Hawkins Rental Housing Act, which was enacted into law in the 1990’s. If this measure does indeed qualify for the November ballot, there is no doubt that an enormous amount of…

I just wanted to follow up briefly on my last blog post from a few weeks ago highlighting a local developer invoking SB 35 on a controversial project in Berkeley. Since then, another developer at a high profile proposed development, this one in Cupertino near the new Apple campus, has turned to SB 35 to…

I’ve included a link below to a recent article in the San Francisco Chronicle concerning a proposed development in Berkeley and the implications of the recently enacted SB 35 here in California. While this developer is one of the first to invoke the provisions of SB 35, this may become an increasingly popular tool for…

Questions often arise about the necessity of a business owner filing a fictitious business name statement (oftentimes interchangeably referred to as a “DBA” statement) when conducting business in the State of California. As with most subjects in California, the requirements relating to fictitious business names are codified by statute, in this case the California Business…

I consulted with a client this week concerning a few real property exchange/transfer issues, including potential application of Proposition 60. Given the robust real estate market in California, I would expect to see Proposition 60 applications rise for the foreseeable future as homeowners older than 55 years old seek to sell at the top of…

One of the most litigated industries involves construction, with disputes centered on timely and proper performance, change orders, delays, payment and grounds for withholding payment, liability for defects, and other contractors and subcontractors disputes. Within the construction industry, the area that may have the most disputes associated with it involves Home Improvement Contracts. We have…

As virtually everyone knows by now, Congress passed and the President recently signed a comprehensive overhaul of the U.S. tax laws at the end of 2017. While all of the details are still being analyzed (the final bill was in excess of 1,100 pages) and we await clarification from the IRS on how several of…

Commercial Leasing As a commercial landlord, it can be too easy to sign a lease for a longer term, and then just rely on the built-in rental increases as time passes. If a tenant has a 5-year lease with a 5-year option to extend, you may not even think about updating the lease for 10…

With the calendar turning to December today, I thought about how quickly 2017 has flown by and that it will be 2018 in just a few short weeks. In a state like California, that means a new wave of laws that have been enacted in the past year that will take effect come January 1st….

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