This issue of E-NEWS from EG&H contains a couple of important updates. One is a reminder about sample cover letters for making annual disclosures under Davis-Stirling 2014. The other is an update to the status of the Huntington Continental case, which was discussed in our January 2014 issue. We also keep you posted on the comings and goings of our attorneys. Look for us at the upcoming CACM Law Seminar & Expo and CAI-CLAC's Legislative Day at the Capitol. In addition to these special conferences and events, you'll regularly find us at industry programs and events throughout the region...so be sure to say hello! |
Cover Letters for Davis-Stirling 2014 Annual Disclosures
You may recall that as of January 1, 2014, the annual packet to
community association members changed. The new packet includes the Annual Budget Report and the Annual Policy Statement containing the information listed in Civil Code sections 5300 and 5310.
The association has the option of sending the entire packet of information to the association members or sending a summary containing a "general description" of the contents of the packet.
Please be aware that when distributing a summary of the annual packet to the association members, the summary must include the form from Civil Code section 5570 entitled, "Assessment and Reserve Funding Disclosure Summary for the Fiscal Year Ending ____." This form is typically prepared by the reserve study preparer.
We have a Word version of a sample annual packet, both the full report and sample summaries, available for our clients. If you already received our sample summary cover letters, please remember to include the Reserve Funding Disclosure Summary for the Fiscal Year (included in our sample full report) when sending out a summary letter to the association members.
This means you may continue to use the summary letter, with the addition of the form entitled, "Assessment and Reserve Funding Disclosure Summary for the Fiscal Year Ending ____."
If you have any questions, ask! We are here to help. |
Case Law Update: Huntington Continental Case Under Review Last month, we informed you that the appellate division of the Orange County Superior Court certified for publication the case of Huntington Continental Town House Association, Inc. v. The J.M. Trust. The question asked in this case was: May a community association refuse to accept partial payments from a delinquent member that would reduce that member's delinquent assessment balance? The appellate division's answer was "no." However, since our last issue of E-NEWS from EG&H the California Court of Appeal accepted the Huntington Continental case for review. We will continue to monitor the case and provide an update once the Court of Appeal issues a decision. |
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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. |
