Category: Real Estate

Subscribe to Real Estate RSS Feed

Dispute over applicability of HOA tree-trimming requirements was an “issue of public interest” sufficient to trigger protections of anti-SLAPP statute

A homeowner who invoked his HOA’s dispute resolution process regarding tree-trimming requirements and was sued by another homeowner based on that application could successfully bring an anti-SLAPP motion on the ground that the suit interfered with exercise of First Amendment rights.  Colyear v Rolling Hills Community Association of Rancho Palos Verdes, No. B270396 (2nd Dist., … Continue Reading

25th Annual Briefing on Land Use and Development Law — Materials Available

Perkins Coie attorneys — most of whom contribute regularly to this report — recently presented the 25th Annual Land Use & Development Law Breakfast Briefing in Palo Alto, San Francisco and Walnut Creek.   The presentation focused on 2014 developments and trends in land use, affordable housing, school facilities financing, CEQA, real estate and environmental and resources … Continue Reading

Perkins Coie Housing Summit: 30,000 Homes by 2020.

On Tuesday April 9, Perkins Coie hosted “Housing Summit: 30,000 Homes by 2020,” the Mayor’s housing plan to build more housing and to make San Francisco housing affordable.  The Housing Summit was held at International Hotel Senior Housing Project, an important symbol of the City’s historic housing struggles and a reminder of how affordable housing … Continue Reading

Ninth Circuit Clarifies Standards For Housing Discrimination Claims

Can a city protect itself from discriminatory zoning claims by adopting a facially neutral ordinance that treats similarly situated land uses the same? Apparently not, said the Ninth Circuit in Pacific Shores Properties v. City of Newport Beach (Case No. 11-55460), decided on September 20. In a challenge brought against a City of Newport Beach zoning … Continue Reading

If J.R. Wants Your Property, He Can Take It, Even if You’re a Public Benefit Corporation.

In California, title to property owned by a public entity cannot be acquired through adverse possession.  The same is not true, however, of land owned by a public benefit corporation according to the court in Hagman v. Meher Mount. Corp, No.B239014 (2nd Dist., April 3, 2013).  Larry Hagman (J.R. in Dallas and Major Nelson in … Continue Reading

Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?

The answer is yes, as long as the arbitration clause is not unreasonable, according to the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (July 16, 2012). In Pinnacle, the developer recorded CC&Rs before the condo project homeowners association was formed.  The CC&Rs contained a mandatory procedure for resolution of construction … Continue Reading