• Land Use Attorney Capitola

Posts Tagged ‘protest’

CASE UPDATE: There Are No ‘Comply Under Protest’ Provisions For Coastal Permit Applications.

In Lynch v. California Coastal Commission, (2014) 229 Cal.App.4th 658, the court of appeal held that a coastal permit applicant could not submit to coastal permit conditions of approval and reserve the right to challenge them in court later. The plaintiffs owned neighboring bluff-top homes in Encinitas, and they applied to the City and the Coastal Commission for permits to reconstruct a seawall, a mid-bluff geogrid protection structure, and a private stairway.

While the application was pending, a severe storm caused the bluff below one of the owner’s houses to collapse and destroyed portions of the existing structures. The Commission granted the permit but with special conditions that precluded building the lower part of the stairway, limited the permit to 20 years, and required the owners to record deed restrictions consistent with these conditions. Instead of challenging the permit conditions right away, the owners submitted to the conditions and recorded the deed restriction.

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CASE UPDATE: HOA Must Accept Partial Payments Toward Delinquent Assessments.

In Huntington Continental Townhouse Assoc., Inc. v. Miner, (2014) 230 Cal.App.4th 590, the court held that a homeowners’ association (HOA) must accept an owner’s partial payment toward a delinquent HOA assessment balance. In this case, the owner (Miner), stopped making monthly assessment payments and eventually incurred a balance of approximately $6,400.00 in assessments, penalties, fees and costs.  The HOA imposed a lien against the owner’s property, had the lien recorded, and then filed a lawsuit to foreclose on the lien.

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Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

“I would definitely go with Mr. Dolinger again, and I would recommend him in a heartbeat to anyone who is looking for representation. He knows his business and he is very good at it.”

Richard. February 8, 2015
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