|Online Legal Resources on Condominums||<– Date –> <– Thread –>|
|From: Sharon Villines (sharonsharonvillines.com)|
|Date: Fri, 6 Apr 2018 09:46:21 -0700 (PDT)|
(Don’t feel you have to read all these messages in one day. Just because they are giving me a good excuse for procrastinating in doing my taxes doesn’t mean you have to labor over my research.) California has the most comprehensive and clear regulations of any state. The condominium act and explanatory documents are excellent. One reason for this is the Davis-Stirling law firm that wrote the update to the condo act called the Davis-Stirling Act effective in 2014. https://www.davis-stirling.com The site is loaded with information. It has all the relevant California Statutes and Case Law. Reading cases is good way to understand where responsibilities are placed by the courts. Even reading a few sort of sets your head to understanding legal requirements. Even better the site is INDEXED. In the left column is a comprehensive list of subjects defined and discussed on the site. Many of the topics are raised here regularly — Airbnb rentals, Defibrillators, Pets, Grandfathering, Neighbor disputes, Nudity, OSHA, Parking, Right of first refusal. etc. Each entry usually start with a question, give an answer, and make a recommendation. Some give legal proceedings required and case references or other resources. Animal sacrifice hasn’t come up. Bible study classes in the CH. Facebook. Love Notes. Mezuzah. Raffles. I didn’t look each of these up but I thought it was interesting that there is probably case law on these topics. I haven’t seen the American Flag discussed here (yet) but there some states, California and Florida for example, that exempt the American Flag from other restrictions on hanging banners and displaying political and real estate signs. > Federal Law. On July 24, 2006, HR42, the Freedom to Display the American Flag > Act, was signed into law. It prohibits restrictions on displaying the U.S. > flag on a member's unit, lot or exclusive use common area. Under the Act, > community associations: > may not adopt or enforce any policy, or enter into any agreement, that would > restrict or prevent a member of the association from displaying the flag of > the United States on residential property within the association with respect > to which such member has a separate ownership interest or a right to > exclusive possession or use. > > California Law. The law allows community associations to establish reasonable > time, place, or manner restrictions necessary to protect a substantial > interest of the association. This is similar to California's Civil Code §4705 > adopted in 2002, which allows owners to display the United States flag on > their separate property or exclusive use common area, regardless of any > association restrictions to the contrary. > > Allowable Locations. The freedom to display the U.S. flag comes with > restrictions. The flag may be displayed: > in a window > from a staff or pole on owners' balconies, patios, decks > in private yards > Material Restrictions. Associations may prohibit flags made from lights, > paint, roofing, siding, paving materials, flora, or balloons, or any other > similar material. > > Advertising Restriction. Associations can prohibit the display of the US flag > for advertising purposes. It’s a fun site to peruse while watching reruns of old movies or Law and Order. (One more message if my fingers hold out and I don’t start feeling guilty over not doing my taxes.) Sharon ---- Sharon Villines Takoma Village Cohousing, Washington DC http://www.takomavillage.org
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