Entrepreneur provides an excellent summary of the reasons why a Limited Liablity Company Operating Agreement can fail in this Article. Setting up the business correctly to start and periodically reviewing the changing ownership needs are key to a successful LLC Operating Agreement. The needs and agreements between the parties may change so its important to keep the agreements current. Working with an attorney to draft, negotiate and review the company's operating agreements and other membership documents is key to a successful business formation and operation. Working with an attorney up front may increase the initial costs of formation, but often times saves money and headaches down the road. The attorneys at Loftin|Bedell, P.C. work with clients on the formation, operation and dissolution of LLCs, Corporations, Professional Corporations, Joint Ventures and partnerships.
WALDRON'S AB 1943: HELPING OWNERS IN SUBDIVIDED MH PARKS
Assemblymember Waldron introduced California AB 1943 to assist mobile and manufactured home owners located in subdivided mobilehome parks. This bill clarifies Health and Safety Code section 18551 to include all subdivided mobilehome parks, including condominium type ownership (single family manufactured housing condominium communities). This bill clarifies that mobile and manufactured home owners located in a subdivided mobilehome park may install permanent foundation systems resulting in attachment to the land with recordation of the appropriate documentation (433A).
Property Owners Diminished Due Process Rights
Property owners have diminished due process rights when dealing with the regulatory morass of governmental entities. The best article I have read regarding this problem was written by Jeremy Talcotta, Attorney, entitled "Due Process: Criminals vs. property owners" published in PLF's Sword&Scales, Spring 2018 issue.
Mobilehomes With Past Due Fees - HCD's Exemption Program
Mobilehomes and Manufactured Homes with past-due registration fees and taxes have relief. HCD, the California Department of Housing and Community Development, has a new state program that provides waivers for past-due fees and taxes. The News Release prepared by HCD is attached below for your convenience. RegisterYourMobilehome 3-19-18.docx
Mobilehome Parks - "Title 25"
Mobilehome Parks are governed by "Title 25" of the California Code of Regulations which implements the Mobilehome Park Act, California Health and Safety Code sections 18200 et seq. Generally, the statute, and implementing reguations are the building codes for mobilehome parks, including without limitation, the placement of the mobilehomes, the construction of accessory structures, the infrastructure of the Park.
Mobilehome Parks Variety of Ownership Structures for Residents
Mobilehome Parks offer a full range of alternative living lifestyles - from very low income housing to upper end housing such as in Malibu; from 1950s RVs to modern homes with all the amenities; from age restricted to family occupancy.
Limitation on Notice of Delinquent Assessments in HOAs (4 of 4)
Limitation on Notices of Delinquent Assessments in HOAs was imposed by the court in In re Guajardo (Bankr ND Cal, Mar. 11, 2016, No. 1531452DM) 2016 Bankr LEXIS 769, *8. For the collection of deliquent assessment in HOAs, the general practice has been, and continues to be, to record the Notice of Delinquent Assessment with the County Recorder for the specific amount due with a clause that provided the amount would be increased to include all future unpaid assessements.
Indemnity Does Not Always Protect HOA Directors (3 of 4)
Indemnity for an HOA Director does not mean a Director can take actions or fail to take actions without incurring liability. To avoid liability a Director must act in accordance with the "business judgment rule" and with diligence.
Housing Crisis = Business Crisis
The California Department of Housing and Community Development distributes a weekly news update from various sources. This week one of the articles was entitled "Housing crisis needs California lawmakers to build consensus now." The opinion article is from the San Diego Union-Tribune Editorial Board, January 27, 2017.
HOA's - You Have to Turn Over Your Contact Information (2 of 4)
If you live in a community governed by an HOA and you are the owner of the property (separate interest), the State Legislature wants to make sure you receive the notices from your HOA.
