Tree Roots

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.

Temporary Restraining Order

A Temporary Restraining Order (TRO) is a short-term pre-trial temporary injunction. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable harm unless the order is issued. If the judge is convinced that a TRO is necessary, he may issue the order immediately, without informing the other parties and without holding a hearing. TROs are intended to be stop-gap measures and only last until the court holds an evidentiary hearing on whether or not to grant a preliminary injunction (usually within 60 days). A judge’s decision on whether or not to issue a temporary restraining is not appealable.

Trustees Sale

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.

Tenants in Common

In general terms, tenants in common have the right to possess an entire property held in this manner, but without rights of survivorship which would accompany other forms of holding title, such as joint tenancy. Unless the declaration otherwise provides, the common areas in a condominium project or in a planned development in which common areas are owned by the owners of the separate interests, the common areas are owned as tenants in common, in equal shares, one for each unit or lot. (Civ. Code §4500) The Corporations Code also describes the effect of voting by tenants in common, when membership of record is held in the names of two or more tenants in common, among other forms of title. (Corp. Code §7612)

Trusts

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.

Tendering Insurance Claims

This is the process of submitting a claim or potential claim to an insurance carrier. It is critical to tender insurance claims promptly and following the requirements for doing so as specified in the applicable policy or policies that might cover the claim. It is particularly important to do so regarding claims or potential claims under directors and officers liability policies and other types of “claims-made” policies. Failure to give notice in a timely manner can result in a denial of a claim even though a timely tender would have resulted in coverage. See Article, Insurance Claims, Proper Submission, and your association’s insurance agent(s) or broker(s).

Typeface

Civil Code Section 5320, which advises members of the availability of the complete pro forma budget if a summary budget is distributed, and Section 5300(b)(9), the insurance summary statement, require that an association print these disclosures in at least 10-point boldface type. The first page of certain recorded documents must include a statutory discrimination notice in at least 14-point boldface type.

Term Limits

Refers to limitations established by the governing documents on the number of terms a director may serve. The limits can include a permanent disqualification after a specified number of terms, or limits on serving more than a specified number of consecutive terms. A term limits proposal should make clear whether it will apply to sitting directors or to the terms such directors have already served at time of adoption of the provision, but if the adopted language does not clearly indicate an intent to make the provision retroactive, it should apply prospectively only.

Timeshares

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.