The law office of David R. Fischer offers years of experience assisting developers with all types of transactions including the creation of commercial, residential and mixed use developments, zoning and land use planning, and subdivision development entitlements. We take extra care in the preparation of subdivision and condominium applications, zoning applications, and variance applications. In addition to understanding the complexities of real estate law and the rules and regulations governing these applications, our office understands the necessity for accuracy in the preparation of paperwork.
The California Subdivision Map Act and your local government agency, through their General Plan and Zoning Ordinances, regulate and control the division of property. This can be the division of any improved or unimproved land for the purpose of sale, lease or financing, including the conversion of a structure into condominiums. A major subdivision is the division of property into five or more lots, whereas a minor subdivision is the division into four or fewer lots.
Regardless of the type of subdivision, Mr. Fischer can provide advice and representation as you navigate through the maze of applications and review procedures. A typical subdivision application will go through many steps and may be subject to review by local government agency staff, the Planning Commission, and final approval by the City Council or Board of Supervisors. During the review process items such as the overall compatibility of use with adjoining properties, lot size and shape, site drainage, environmental impact, provisions for water, sewer and road infrastructure and traffic generation will be evaluated. Our office can help coordinate the efforts of land surveyors, civil engineers, title companies and your local regulatory agency to make your project a success.
Covenants, Conditions & Restrictions (also called "CC&Rs") is the name of a type of document recorded against the title to two or more parcels of real estate. CC&Rs can deal with a variety of issues that may arise among the properties described in the document, including uses (what can, and cannot, be done on the property), joint use of certain areas (such as roads, walkways, or hallways in a building), assessments to maintain something (such as a road or the exterior of a condominium), creation of an enforcement entity (such as a homeowners association), and methods to enforce non-compliance.
Most often CC&Rs are created for a new project such as a subdivision or a condominium project. However, they can also be created for a repurpose project (such as a condominium conversion) or just between existing property owners. We have experience in drafting CC&Rs in a variety of situations. We also have represented both homeowners associations and property owners in disputes involving CC&Rs.
One of the best ways for homeowners associations (HOAs) to limit their liability and the possibility of being dragged into disputes and lawsuits is to have a well written set of governing documents. These documents may include CC&Rs, as described above, articles of incorporation, bylaws, operating rules, election rules, architectural guidelines, subdivision maps and condominium plans. Along with local, state and federal laws these documents govern the operation of the association. It is important that these documents be drafted by an experienced attorney who understands the complexities of the issues homeowners associations face and how these issues should be addressed reflecting current law. Having an attorney prepare your HOA documents can prevent conflicts between documents which might happen if you use generic form documents off the internet or from the library.
Additionally, our office can revise existing outdated documents to include the implementation of new HOA policies, reflect changes in the law, or a simple change in the number of board members. By having us amend your governing documents you can minimize the risk of liability to the HOA and its members now and in the future.
David R. Fischer has served, on behalf of his clients, as a Director of an HOA Board. This hands-on experience, coupled with his many years of practical experience as a property manager, gives Mr. Fischer a more rounded perspective of the needs of a homeowners association than your average attorney.
