Many real estate sales contracts, leasing agreements, medical agreements, and many other types of contracts have a provision which mandates that in the event of a dispute, you agree to "Binding Arbitration" and waive your right to go to court and have a jury trial....
When businesses become involved in a business dispute, and one of the parties is sued by the other it can become a huge distraction. There can be significant contingent liabilities associated with the dispute, and disruption in the work of the management team. It's...
Most people are genuinely honored when a friend, family member or loved one asks them to be the executor of their estate. When the time finally arrives, most executors are overwhelmed to learn of the responsibilities they've agreed to. They are even more surprised to...
Protecting the corporate veil is a critical business concept. One of the primary reasons for having an LLC, C-Corporation or S-Corporation is to provide liability protection to you and others in the business. Many businesses evidently download forms from some...
If you are purchasing or selling raw land, commercial property, or investment property in North County the "Purchase and Sale Agreement" is much more than a document that says who is buying what from whom, and for how much. This is a strategic document designed...
If you are an entrepreneur with a start-up company or are in the process of forming a new company in Carlsbad, Oceanside or North County there are many things you should take into consideration. It is not as simple as downloading a form, filing it with the State of...
Which HOA document controls whether or not a unit can be rented? The CC&Rs are deed restrictions on all of the properties. As such, as to what you can and cannot do on, in or around the property is controlled by the CC&Rs. The HOA is permitted to pass Rules,...
Probate here in Carlsbad, and across California is a court-supervised process for transferring assets to a deceased person's beneficiaries, as set forth in a Will or the California laws of intestate. If you've heard about the California probate process, you know...
Generally, if there is a conflict between statutory law and a provisions in an HOA document, the statutory provisions will control - that means the provisions in your documents which conflict with the statutory provisions are void. Effective January 1, 2014 the...
In the Huntington Townhouse Association, Inc. vs. The J.M. Trust (2014 WL 17300) the Appellate Division of the Orange County Superior Court in a case involving foreclosure of an assessment line, found that the HOA must accept partial payments of the HOA Dues and...