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5 HOA Member Rights Under the Davis-Stirling Act

Homeowner’s specific rights are established by the governing documents of the HOA (i.e. the Bylaws, the Covenants, Conditions and Restrictions, etc.), the Davis-Stirling Act and the California Corporations Code. Specifically, the Davis-Stirling Act, which was adopted in 1985, applies to all common interest developments and condominiums. (See Civil Code §§ 4000 et. seq.) It is important to note that the Act does not apply to commercial and industrial common interest developments as defined in Civil Code § 6531. (See Civil Code §§ 4202). Specifically, some of the rights of HOA members under the Davis- Stirling Act include: A residential association must make its accounting books, minutes of proceedings and records available for inspection and copying by a requesting member, or the member’s designated representative. (See Civil

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Covenants, Conditions and Restrictions: A Sword and Shield

         California has long recognized the validity of reciprocal agreements to restrict, or limit, the use of real property.  One of the most common forms of these agreements is called a Declaration of Covenants, Conditions, and Restrictions (CC&Rs).  As explained below, CC&Rs can provide a great deal of utility and value to your property, but at the same time the CC&Rs can severely restrict what you can do to your own property. To illustrate the benefits provided by CC&Rs, most beach front communities are subject to CC&Rs that prevent one owner from obstructing the ocean view of another owner.  For example, large portions of Malibu, California are subject to CC&Rs that impose this very restriction.   As a result, any owner with an ocean view can seek injunctive relief to stop construction, or

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Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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