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.

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.

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.

Taxation

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 2188.32188.7.

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.

Telephone Wiring

Internal and external telephone wiring located outside the boundaries of a separate interest, but which only serves a single separate interest, is exclusive use area, regardless of what the governing documents say. (Civ. Code §4145(c)) Owners have a reasonable right of access over common area to maintain this internal and external telephone wiring, after obtaining the consent of the association. (Civ. Code §4790)