Articles in Your Guide to California Real Estate Laws

Article Index

&l&& Articles in Your Guide to California Real Estate Laws

BROKERS

INTRODUCTION TO COMMON INTEREST DEVELOPMENTS
- THE DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT
- OTHER STATUTES RELEVANT TO COMMON INTEREST DEVELOPMENTS
DEVELOPING A COMMON INTEREST DEVELOPMENT
- GOVERNING DOCUMENTS, CC&R'S
- SETTING UP THE OWNERS ASSOCIATION
OPERATING A COMMON INTEREST DEVELOPMENT
- THE OWNERS ASSOCIATION
- ENFORCING USE RESTRICTIONS
TYPES OF COMMON INTEREST DEVELOPMENT
- CONDOMINIUMS
- STOCK COOPERATIVES
- COMMERCIAL AND MIXED USE
- PLANNED DEVELOPMENTS
- TIMESHARES
- CONTINUING CARE RETIREMENT COMMUNITIES
- MASTER PLANNED COMMUNITIES
- MUTUAL WATER COMPANIES
LIABILITY AND LITIGATION ISSUES
- OWNERS ASSOCIATION LIABILITY
- CONSTRUCTION DEFECTS

REAL PROPERTY ISSUES FOR FEDERAL AND STATE INCOME TAXES
- THE HOME MORTGAGE INTEREST DEDUCTION
- CAPITAL GAINS TAXES AND 1031 EXCHANGES
PROPERTY TAXES
- PROPOSITION 13
- ASSESSMENT OF PROPERTY TAXES
- CONTESTING THE AMOUNT OF PROPERTY AMOUNTS
  - ADMINISTRATIVE APPEALS OF ASSESSMENTS
  - JUDICIAL REVIEW OF PROPERTY TAX ASSESSMENTS

CREATING THE LEASE
- WHAT LEASES HAVE TO BE IN WRITING?
- WHAT LEASES NEED TO BE RECORDED?
- PROHIBITED TERMS IN RESIDENTIAL LEASES
- OPTIONS TO EXTEND
- HOLDOVER OVER LEASE EXPIRES
LANDLORD DUTIES
- COMMERCIAL LEASES: DUTIES PRIMARILY SET BY CONTRACT
- RESIDENTIAL LEASES: NON-WAIVABLE WARRANTY OF HABITABILITY
- TENANT'S RIGHT TO QUIET ENJOYMENT
TENANTS' RIGHTS FOR LANDLORD DEFAULTS
- WHEN CAN THE TENANT WITHHOLD RENT?
- WHEN CAN THE TENANT SUE FOR DAMAGES?
- WHEN CAN THE TENANT TERMINATE THE LEASE?
- PROTECTION AGAINST RETALIATORY EVICTION
LANDLORD RIGHTS FOR TENANT DEFAULTS
- UNLAWFUL DETAINERS AND EVICTIONS
  - FAST TRACK PROCEDURE OF UNLAWFUL DETAINER
  - LIMITED SCOPE OF COURT RULINGS
- SECURITY DEPOSITS
RENT CONTROL LAWS
MOBILE HOME PARK LAWS
- THE MOBILE HOME RESIDENCY LAW
- DUTIES OF PARK OWNERS
- TERMINATION OF MOBILE HOME TENANCIES
- ASSIGNMENT OF LEASES BY TENANTS

LAYERS OF LAND USE REGULATION
- GENERAL PLAN
- SPECIFIC PLAN
- ZONING
- LAND USE APPROVAL
- JUDICIAL REVIEW OF LAND USE DECISIONS
- OTHER FEDERAL AND STATES AFFECTING LAND USE
THE CALIFORNIA SUB-DIVISION MAP ACT
- OVERVIEW OF THE SUB-DIVISION MAP ACT
- IS MY PROJECT COVERED BY THE ACT?
- TENTATIVE MAP AND PARCEL MAPS
  - HOW DO I FILE A TENTATIVE OR PARCEL MAP?
  - WHAT CONDITIONS CAN BE IMPOSED ON ME?
  - HOW DO I APPEAL DENIALS OF A TENTATIVE MAP OR PARCEL MAP?
- FINAL MAP AND PARCEL MAP
- AMENDMENTS AND REVISIONS OF FINAL MAPS AND PARCEL MAPS
- LIABILITES FOR VIOLATIN GHE ACT
THE CALIFORNIA COASTAL COMMISSION
- HAS POWER ONLY OVER "COASTAL ZONE"
- GETTING A PERMIT ISSUED
- CHALLENGING A DENIAL OF A PERMIT
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQU)
- OVERVIEW OF THE CEQA
- IS MY PROJECT SUBJECT TO THE CEQA?
- CAN I AVOID PREPARING AN ENVIRONMENTAL IMPACT REPORT?
  - NEGATIVE DECLARATIONS
  - MITIGATED NEGATIVE DECLARATIONS
  - JUDICIAL REVIEW OF NEGATIVE DECLARATIONS
- ENVIRONMENTAL IMPACT REPORTS (EIR)
  - REQUIRED CONTENTS FOR AN EIR
  - PROCEDURE FO ISSUING AN EIR
  - MITIGATION
  - JUDICIAL REVIEW OF AN EIR

PLANNING THE PROJECT
- WHAT PERMITS DO I NEED
- DO I NEED AN ARCHITECT OR A GENERAL CONTRACTOR?
THE CONSTRUCTION CONTRACT
- ONLY A LICENSED CONTRACTOR IS ENTITLED TO PAY
- COMMON PROVISIONS IN CONSTRUCTION CONTRACTS
  - ESTIMATE OF COSTS
  - PROGRESS PAYMENTS
  - NO DAMAGES FOR DELAYS CLAUSE
  - TIME OF ESSENCE CLAUSE
  - EXTRA WORK; CHANGE ORDERS
- CONTRACTOR-SUBCONTRACTOR RELATIONS
  - PAY WHEN PAID CLAUSES
  - PAY IF PAID CLAUSES
  - 10 DAY STOP WORK ORDER BY CONTRACTOR
- BREACH OF CONTRACT
  - WHAT CAN THEOWNER DO IF THE CONTRACTOR DOES NOT PERFORM?
  - WHAT CAN THE CONTRACTOR DO IF THE OWNER DOES NOT PAY?
  - WHAT DAMAGES CAN THE OWNER GET FROM A CONTRACTOR?
  - WHAT DAMAGES THE CONTRACTOR GET FROM THE OWNER?
- PUBLIC CONTRACTS
  - GENERAL REQUIREMENT OF COMPETITIVE BIDS
  - WHEN CAN A DISAPPOINTED BIDDER SUE?
  - AFFIRMATIVE ACTION RULES
  - WHEN MUST A CONTRACTOR PAY PREVAILING WAGES?
  - ARBITRATION OF PUBLIC CONTRACT DISPUTES
MECHANIC'S LIENS
- WHAT IS A MECHANIC'S LIEN?
- WHO CAN CLAIM A MECHANIC'S LIEN?
- PROCEDURE FOR FILING A MECHANIC'S LIEN
- PRIORITY OF MECHANIC'S LIENS
- RELEASE OF MECHANIC'S LIEN
CONSTRUCTION DEFECTS
- TIME LIMITS BY WHICH SUIT MUST BE FILED
- WHO MAY BE LIABLE?
  - CONTRACTOR LIABILITY
  - SUB-CONTRACTOR LIABILITY
  - ARCHITECT'S AND OTHER DESIGN PROFESSIONALS
- WHAT DAMAGES MAY BE COLLECTABLE?
  - COST OF REPAIR
  - ECONOMIC LOSS
  - EMOTIONAL DISTRESS DAMAGES

THE 5TH AMENDMENT PROTECTION AGAINST GOVERNMENT TAKING
DIRECT TAKING: EMINENT DOMAIN
- FEDERAL CONSTITUTIONAL LIMITS
- CALIFORNIA EMINENT DOMAIN LAW
- PROCEDURE THE GOVERNMENT MUST FOLLOW
- CONTESTING THE GOVERNMENT'S DETERMINATIONS
INDIRECT TAKING: INVERSE CONDEMNATION
- WHAT IS INVERSE CONDEMNATION?
- TYPES OF HARM WHICH EQUAL TAKING OF PROPERTY
  - PHYSICAL INVASION OF LAND BY THE GOVERNMENT
  - UNDUE REGULATION OF PROPERTY
- PROCEDURE FOR SUING GOVERNMENT