Posted By CotoBlogzz
California
Law
- calbar.ca.gov/calbar/pdfs/ethics/2002_Compendium_Index.pdf
- The Attorney-Client Privilege The Attorney-Client Privilege. Office of General Counsel. The California State University ... In California, the Supreme Court has laid out a number of "basic ..www.calstate.edu/gc/Docs/Attorney-Client_Privilege.doc
http://www.legal-news-california.tozerlaw.com/tree_law_california.html
Riverside county
http://www.rctlma.org/planning/content/devproc/guidelines/oak_trees/oak_trees.html
Oak tree care
http://www.californiaoaks.org/ExtAssets/oakcaresec.pdf
Business judgment rule
George
K. Staropoli Website
& selected material
Cohen
v. Kite Hill,142
Cal App 3d 642 (1983) (A
homeowners association board is in effect “a quasi-government entity
paralleling in almost every case the powers, duties, and
responsibilities of a municipal government.”)
Gerber
v. Long Boat Harbour, 757
F Supp. 1339 (M.D. Fla. 1991) (court enforcement of private agreements
in condo declarations is a state action; flag; free speech).
Hudgens
v. NLRB 424
US 507 (1976) (functions of a municipality, citing Marsh; shopping
center)
Marsh
V. Alabama,
326 US 501 (1946) (company town and public functions)
Shelly
v. Kraemer
334 US 1 (prohibitive state actions by use of judicial enforcement as
state was fully aware of the illegal use of the courts; judicial
enforcement harms constitutional rights)
Williamson
v. Lee Optical,
348 US 483, (1954) (rational basis for scrutiny)
Damon
v. Ocean Hills Journalism Club, 85
Cal. App. 4th 468; (2000) (quasi-government; board meetings public
forums similar to government body;defamation)
Laguna
Publishing Co. v. Golden Rain Found. of Laguna Hills,
131 Cal. App. 3d 182 (1982) (HOA has attributes that “in many ways
approximate a municipality . . . close to a characterization as a
company town.”)
Surfside
84 v. Mullen Ct.
of Special Appeals of Maryland, No. 495 (September 1984) (state action;
procedural due process; lack of notice; CAI Reporter).
Brock
v. Watergate 502
So. 2d 1380 (Fla. 4 Dist. App. (1987)( public functiuons test; close
nexus criteria; HOA lacks character of a company town)
Committee
for a Better Twin Rivers v. Twin Rivers, 929
A.2d 1060 (NJ 2007) (HOA not state actor per NJ Scmidt version
of Marsh; Not
US but NJ Const.
case).
Indian
Lake v. Director of Revenue,
813 SW 2d 305 (not civic organization)
Midlake
v. Cappuccio, 673
A 2d 340, Pa. Super. (1996) (condo is a pvt organization, not muni govt;
not a company town)
Riley
v. Stoves,
526 P.2d 747, Ariz. App. Div. 2 (1974) (state action; classification;
enforce age restrictions;”court to enforce constitutional commands”;
restriction was a permissible government interest).
S.O.C.
v. Mirage Casino-Hotel, 43 P 3rd 243 (Nev. 2001) (state action;
public functions; delegating functions to private persons; commerical
advertising on private property).
Terre
Du Lac Ass’n, Inc. v. Terre Du Lac, Inc., 737
S.W.2d 206 (Mo. App. 1987). (quasi govt) (how a homeowner’s
association operates as a “quasi-governmental entity,” not authority
for the concept that an association’s “quasi-governmental” actions
are state actions;).
Westphal
v. Lake Lotawana, 95
SW 3d 144 (Mo. App. 2003) (no support for “close nexus” state
action).
Note:
The
above cases in bold are
color coded. Red is
adverse to constitutional protections; Blue is
favorable; black in
neutral.
There
are 3 case against and 4 cases in favor. Two were not dispositive. The
“against” cases were all based on a “public functions” test.
The
non-bold cases concern related issues not involving an HOA/condo, such
as state action, public
functions, or mini/quasi governments.
The
above findings are not exhaustive and reflect the analysis of some 153
HOA/condo , state action cases on a federal and state level.
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California
Law
- Attorney Client Privilege
- Government code – Public Records Act Request: http://www.harp.org/og/cpra.htm
- State actors | http://pvtgov.wordpress.com/2011/01/09/hoa-case-history-state-actors-or-miniquasi-government/
- Direct
elections - Sb
61 and 1560 | http://www.californiacondoguru.com/SB61.html
\ http://www.californiacondoguru.com/SB61.html
| http://info.sen.ca.gov/cgi-bin/pagequery?type=sen_bilinfo&site=sen&title=Bill+Information
| http://www.davis-stirling.com/IndexofTopics/CumulativeVoting/tabid/1888/Default.aspx#axzz1zbUo2Bl2 | http://www.davis-stirling.com/EffectofCumulativeVoting/tabid/1347/Default.aspx#axzz1zbUo2Bl2
California
Civil Code
Small claims | http://www.calhomelaw.org/doc.asp?id=459
Small claims | http://www.calhomelaw.org/doc.asp?id=459
6250. In enacting this chapter, the Legislature, mindful of the
right of individuals to privacy, finds and declares that access to information
concerning the conduct of the people's business is a fundamental and necessary
right of every person in this state. According
to case law, the CZ Master Association is a state actor.
6253.1. (a) When a member of the public requests to inspect a public
record or obtain a copy of a public record, the public agency, in order to
assist the member of the public make a focused and effective request that
reasonably describes an identifiable record or records, shall do all of the
following, to the extent reasonable under the circumstances:
(1) Assist the member of the public to
identify records and information that are responsive to the request or to the
purpose of the request, if stated.
(2) Describe the information
technology and physical location in which the records exist.
(3) Provide suggestions for overcoming any practical basis for denying
access to the records or information sought.
(b) The requirements of paragraph (1)
of subdivision (a) shall be deemed to have been satisfied if the public agency
is unable toidentify the requested information after making a reasonable effort
to
elicit additional clarifying information from the requester that will help
identify the record or records.
(c) The requirements of subdivision
(a) are in addition to any action required of a public agency by Section 6253.
(d) This section shall not apply to a
request for public records if any of the following applies:
(1) The public agency makes available
the requested records pursuant to Section 6253.
(2) The public agency determines that
the request should be denied and bases that determination solely on an exemption
listed in Section 6254.
(3) The public agency makes available
an index of its records.
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Selected
California Codes
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California Civil Code Davis-Stirling Common Interest Development Act (§1350-1374 C.C.) Restraint on Alienation (prohibition) (§711 C.C) Real Estate signs and displays (§712-713 C.C.) Disclosure requirements on transfer of real property (§1102-1102.5 and §1104-1134) California Corporations Code Non-profit Mutual Benefit Corporations Purposes (§7110-7111 Corp C.) Forming (§7120-7122 Corp C.) Articles, requirements (§7130-7135 Corp C.) Powers (§7140-7142 Corp C.) Bylaws (§7150-7153 Corp C.) Location and Inspection of Articles and Bylaws (§7160 Corp C.) Corporate Duties and Responsibilities under the California Nonprofit Corporation Law (§7210-7215 Corp C.) Selection, Removal, and Resignation of Directors (§7220-7225 Corp C.) Standards of Conduct (§7230-7238 Corp C.) Issuance of Memberships (§7312 Corp C.) Meetings and Voting (§7510-7516 Corp C.) Additional Provisions Relating to Election of Directors (§7520-7527 Corp C.) Voting of Memberships (§7610-7616 Corp C.) Records, Reports, and Rights of Inspection (§8310-8313 Corp C.) Required Records, Reports to Directors and Members (§8320 Corp C.) Rights of Inspection (§8330-8338 Corp C.) California Code of Civil Procedure Standing of an Owners' Association to Sue (§374 C.C.P.) Statutes of Limitation (§337-339.5 C.C.P.) Small Claims Court (§116.110-, §116.210-, §116.310-, §116.410-, §116.510-, §116.610-, §116.710-, §116.810-, §116.910- C.C.P.) California Health & Safety Code Building Records (§19850-19851 H.S.C.) Asbestos Disclosure (§25915.2-25915.5 H.S.C.) California Vehicle Code Removing (Towing) Vehicles (§22658-22658.2 V.C.) |
California LawCalifornia Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes.To display the Table of Contents for a code, select a code and click on Search - this takes you to the Official California Legislative Information webpage
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