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In This Issue
Acceptance of Partial Payments: Case Law Alert!
CACM Law Seminar & Expo
Music & Movie Licenses
2014 Community Association Law Resource Book
Acceptance of Partial Payments: Case Law Alert!
The appellate division of the Orange County Superior Court certified for publication the case of Huntington Town House Association, Inc. v. The J.M. Trust. This important case on assessment collection addresses an issue that often arises in our practice: May an community association refuse to accept partial payments from a delinquent member that would reduce that member's delinquent assessment balance? This court's answer was "no." 
 
The court's reasoning was that there is nothing in the Davis-Stirling Common Interest Development Act precluding an association from accepting partial payments and, in fact, the Act contemplates partial payments and protects against foreclosures based on small sums of delinquent assessments. 
 
This case involved a lawsuit seeking a judgment of judicial foreclosure. There may be times when we advise our clients not to accept partial payments on a delinquent account, such as after a nonjudicial foreclosure has been commenced. However, in most cases, it is likely that a court would frown upon an association's refusal to accept partial payments.
EG&H Attorneys at CACM Law Seminar & Expo - NEW DATE!
Visit with EG&H attorneys at our expo exhibit and get the latest on new case law and legislation from featured speaker, Carrie M. Timko, at the CACM Law Seminar & Expo. At this special event, CACM combines its popular law forum and expo programs into an information-packed and fun-filled two-day event, March 13-14, 2014, at the Disneyland Hotel.
 
For more information and to register, visit CACM.
Attention Community Association Managers
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January 2014
Roll out the red carpet! It's awards season 2014! The movie and music fans at EG&H are eager to find out if their favorite stars, feature films and recording artists will take home the most coveted trophies. Some community associations also have the entertainment bug and are planning this year's community events to feature their favorite films and tunes. In this issue of E-NEWS from EG&H you'll learn some basics of music and movie licensing, including how to minimize potential liability for failure to obtain appropriate licenses. And don't forget to pick up a copy of the star of our show...the 2014 Community Association Law Resource Book!
 
"Movie-under-the-stars" nights and similar gatherings typically enhance the sense of community in an association, but being on the receiving end of a copyright infringement lawsuit for not obtaining a performance license puts a significant damper on the fun!
  
In this article, EG&H attorney Jodi A. Konorti shares some basics about public performances of copyrighted works, exemptions to licensing requirements, potential liabilities and risk management.
  
It's Not Too Late to Get Yours! 2014 Community Association Law Resource Books Are Available 
  

If you're reading this newsletter, you've probably already received or downloaded our 2014 Community Association Law Resource Book. But if you haven't, it's not too late! Visit us at an upcoming community association industry event or contact Louise Stettler to request your preferred media - print, CD or "thumb" (USB flash) drive. Or simply download the resources you need directly from our website:

 

 

Are you trying to make sense of Annual Budget Report and Annual Policy Statement requirements? Need a basic overview of board fiscal duties? Looking for handy reference lists of membership rights? The 2014 Community Association Law Resource Book is a compilation of California and federal statutes and regulations that also features newly-updated checklists that walk you through some of the most significant statutory duties imposed on community association boards and managers.
 

 

About Us
 
Epsten Grinnell & Howell is a leading Southern California law firm whose practice is dedicated to the complex field of community association law. For more than 28 years, the attorneys of Epsten Grinnell & Howell have provided common interest developments with counsel, legal strategies, rapid assessment recovery, construction defect and other civil litigation assistance, interpretation of fair housing issues, and alternative dispute resolution. We serve associations throughout San Diego, Riverside, San Bernardino, Orange and Los Angeles counties. Our attorneys have recovered more than $250 million for clients in complex construction defect litigation cases, including community associations, condominium towers and commercial buildings.
 
If you have questions about what you've read in this issue of E-NEWS from EG&H, please contact us at 800-300-1704, or any of our offices directly. Visit us at www.epsten.com.
View Disclaimer.  Epsten Grinnell & Howell is a Professional Corporation, incorporated in the State of California. Our attorneys are licensed to practice law in California and the firm and its attorneys have attempted to comply with all legal and ethical requirements in this jurisdiction. We have created our internet site (epsten.com) and e-newsletter for general informational purposes only, and only address issues involving California Law, and Federal Law where it applies to matters in California. No information accessible on or through our internet site or our e-newsletter should be construed as legal advice, legal opinion, an endorsement with respect to any matter, or a solicitation for legal business. You should not rely on such information as legal advice without consulting legal counsel regarding your individual legal requirements.