PUBLISHED ARTICLES By Barry A. Ross, Esq.

An Introduction To Eminent Domain
The government's right to use eminent domain is found in the United States Constitution and the California Constitution.   These provisions have been there since the constitutions were created.   There are two primary restrictions. ...more

Developer Transition in a Community Association
With the recent increase in real estate development in Orange County and the corresponding creation of many new community associations, the issue of developer transition should be reconsidered.   Developer transition is ...more

RECENT DEVELOPMENTS IN HOMEOWNER ASSOCIATION LAW
A shift in the balance of power
THERE ARE 36,000 COMMON INTEREST DEVELOPMENTS IN CALIFORNIA comprising more than 3 million housing units occupied by approximately 7 million people. This is roughly one-quarter of the state's housing. ...more

The Association Is Seeking To Collect Assessments And Fines Against You.
After paying your association dues for many years, you inadvertently neglect to pay your association dues for one month. You realize you forgot to pay the association dues the following month. So you pay two months of association dues in the second...more

So You Want To Become A Board Member: Elections, Board Meetings And Conflict of Interest.
You are interested in running for the board of directors of your association. You wish to find out what the election and voting procedures are. You want to find out what the conflict of interest provisions are.  ..more

The Association Is Prohibiting You From Operating A Business Out Of Your House
You are an owner-occupant within an association. You operate a chiropractic office out of your residence. The CC&R’s provide that your residence can only be used for residential purposes. The association notifies you that you must ..more

How Do You Avoid Litigation With Your Association?
You have a dispute with your association. You wish to plant artificial grass in your front lawn, but the association states that it will not allow you to do so. You do not wish to engage in expensive and time consuming litigation ...more

Can The Association Deny You Access To The Association's Financial Records?
You receive information that association board members and representatives of the community management firm are having lavish dinners at some of the most expensive restaurants in Orange County, all at association expense....more

The Association Is Requiring You To Remove Your Cat And Dog From Your Residence.
You have had a cat and a dog in your residence for three years. The cat never leaves your residence. The dog only leaves the residence on a leash and you diligently scoop the poop. No one has ever complained to you about your ...more

Your Association Will Not Allow You To Put A UCLA Flag In Front Of Your Residence.
You are a UCLA alumni residing in a homeowners association. You have always been a devoted fan of UCLA and dedicated alumni. You place a UCLA flag on a pole in front of your residence. The association tells you that the flag ..more