Client Alert – AB 2755 Signed Into Law Prohibiting “Non-Voting Directors” on Non-Profit Boards

Governor Jerry Brown signed AB 2755, which amends Corporations Code Section 5047, to make it clear that a person is only a director as defined in the statute if that person has the right to vote as a member of the governing body and that a person who is a director by virtue...

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California’s Drought’s Impact on Your Common Interest Development

Published in the CAI-CIC Channels of Communication Second Quarter 2014 Magazine

By Roy Schneider, Esq.

California’s three-year dry spell is taking a toll on the economy and environment.  Last year was the driest ever in California, since record-keeping began in 1895.  According to the California Farm Water Coalition, the lack...

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New Laws Assist Non-Profits

By Roy Schneider, Esq. Effective January 1, 2014, non-profit organizations exempt from taxation under Sections 501(c) (4), (5), (6) or (7) of the Internal Revenue Code (IRC) provisions may now apply for state exemption in California using short Form 3500A, rather than the lengthy Form 3500. Those non-profit entities primarily benefitting from the new legislation...
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My Neighbor in my Homeowner’s Association Told Everyone I’m a Drug Dealer, Can I Sue For Defamation

By Ted J. Schneider, Esq.

Assuming you are, in fact, not a drug dealer, you may be able to successfully bring a civil lawsuit for defamation. Defamatory statements are those untruths which harm your reputation. While defaming another person is not a crime, it is a civil tort and...

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Do You Need Meeting Minutes?

By Roy Schneider, Esq. Regardless of the size of the business, organization or homeowners association, corporations (including those organized under Subchapter S) must observe all of the required formalities in order to maximize the benefits of a corporation. Corporate meeting minutes document the decisions made by the company’s board of directors,...
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CC&Rs – To Update or Not

Published in the CAI-CIC Channels of Communication First Quarter 2013 Magazine By Ted J. Schneider, Esq. As HOA attorneys, we are often asked by homeowners and managers alike: "Should we now update our CC&Rs"? Given that most of the CC&Rs we see were written either while Nixon was President, the Berlin Wall...
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