Epsten, APC

See Wood-Destroying Pests

A property interest frequently coupled with a membership interest, which provides a timeshare member the right to use and occupy an interest in property for a specific period of time. A seller of a timeshare is typically selling the right of use of a property or a variety of properties for a period of time. The time period that a member has to use the property could be determined by weeks, intervals or points purchased by the member. Timeshares may exist within and be governed by a common interest development laws and are governed by the timeshare laws in California found in Vacation Ownership and Time-share Act.

Vehicle Code section 22658 governs towing from association property. An association must either have the statutory signage or provide a citation to the improperly parked vehicle and let 96 hours lapse before towing the vehicle. The association and/or towing company must also comply with numerous post-towing notification requirements. There are penalties for violations of section 22658 requirements.

A generic term for informational meetings of members, convened by the board, at which meeting no member vote is to be taken. Often used to refer to meetings to discuss proposed document changes, proposed construction/reconstruction projects, or some other issue of general interest to the community. Although no vote is taken at such a town hall meeting, the meeting may be a prerequisite to a required member vote.

Refers to a fee imposed as a condition of changing occupancy of a separate interest. The amount an association may charge in this regard is limited to the association’s actual costs to change its records in connection with a transfer of title or other interest. See Civ. Code §4575. Note, however, that the association may pass through a transfer fee charged to it by its management company without violating 4575. See Berryman v. Merit Property Management, Inc. (2007) 152 Cal. App. 4th 1544.

A perennial plant characterized by a woody stem; may be deciduous or evergreen.

As to roots and branches which extend over property lines and threaten to cause damage to another’s property, the owner of the threatened property may trim roots and branches only where it is reasonable to do so. See Booska v. Patel (1994) 24 Cal.App.4th 1786.

A non-judicial foreclosure sale in California is known as a Trustee’s Sale. A Trustee’s Sale results in the extinguishment of the foreclosing lien and any junior liens and title interests pertaining to the property foreclosed, with the exception of certain tax liens.

Form of property ownership wherein legal title to property is conveyed by the “trustor” to a “trustee,” while the equitable right to the property is enjoyed by the “beneficiary” of the trust. A form of trust, generally known as a revocable, inter vivos, or family trust, is a common estate planning device.

Associations may have tax issues that arise with respect to taxes claimed to be on common area owned by an association, personal property owned by an association, such as office furniture and equipment, and income taxes. In most cases, but not necessarily all, the common areas of most CIDs are exempt from being taxed separately to an association, because it is usually already being taxed as part of the taxes paid by the individual owners. See Revenue and Taxation Code sections 2188.3–2188.7.