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NEWS
Governor Signs Assembly Bill 349 regarding Artificial Turf - Effective Immediately!

To view the changes to Civil Code section 4735, and how it impacts your community associations, read our News Update.

EVENTS
2015 Legal Symposium

Click here for more information, or use the links below to register now...

San Diego

Coachella Valley 

***
NEW
THIS YEAR!

Be a part of our first ever...


Take this quick,
1 page SURVEY to have your top answers 
"on the board" at our Legal Symposium!

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Epsten Grinnell & Howell offers to sponsor the 1st 20 EG&H clients that join their Race for the Cure San Diego 5k run/walk team!

Join "Team EG&H" on Sunday, November 1st at 8 a.m. in Balboa Park for a 5k run/walk to help support the fight against breast cancer. 

Family, friends and colleagues are invited to participate. Learn more.

Or, if you are a client and would like to be sponsored to join our team, please email Tiffany Christian.
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September 2015 
Shareholder Insight
Autumn means different things to different people. To some it is the transition from summer to winter, accompanied by cooler temperatures and hopefully some much needed rain. To others, it is the excitement that comes with the start of a new school year or a new season for our Chargers.  

However, to those of us who work with or live in common interest developments, all too often autumn means preparing annual budgets, new board member elections or a myriad of other challenges that need to be responded to within your communities.  If you fall (pun intended) into this latter category, don't despair, we can help, and best yet, it's free... simply attend our 2015 Legal Symposium.

Our Legal Symposium offers timely, comprehensive legal information on the above issues and many other topics relevant to community association law.  It is an exclusive opportunity for clients, community association boards, and community association managers to meet and hear the firm's attorneys provide updates and insight on case law, legislative changes and emerging trends important to the practice of community association law.  

We hope to see you all there.

Shareholder

Dilemmas Faced by Board Members
By Jay Hansen, Esq.

NO ONE CAN SERVE TWO MASTERS
The Dilemma Facing Board Members Who Sell Homes in Their Own HOA

Real estate agents who serve on their community association boards and market properties in their community may find themselves faced with conflicting duties.  This article is intended to make those directors who are real estate agents and those directors who are not aware of the potential problem with conflicting duties before it arises, so that they can take appropriate action to avoid having to face a conflict.
 
First, as board members, directors have duties not to disclose information that is confidential information within the Board.  California Civil Code §4935 specifically authorizes executive sessions of the Board to address confidential issues including litigation, matters relating to the formation of contracts, member discipline, personnel matters, and meeting with a member, at the member's request, regarding the member's payment of assessments.  Executive sessions are closed meetings.  Thus, members are excluded from executive sessions to preserve the confidentiality of discussions and decisions made in executive sessions.  Litigation matters and other matters that could lead to litigation and involving attorney-client communications involve privileged communications.  If it were otherwise... keep reading.
No Fun in the Sun:
Swimming Pool Specifics
By Mary M. Howell, Esq.

Originally published in the Summer 2015 issue of the CACM Law Journal, this article addresses the below questions:
  • What kinds of pool rules may an association have? 
  • How may "health and safety" issues be legally addressed?  
  • Is an association required to alter common areas in response to a disability-based claim?

If your association has a pool read this article.
About Us
For nearly 29 years, the attorneys of Epsten Grinnell & Howell have practiced community association law and 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 throughout Southern California. 

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.
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 this internet site (epsten.com) for general information 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 this internet site 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 for your particular matter without consulting your legal counsel. View entire disclaimer.
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