In an effort to accommodate industry, the Department of Real Estate (DRE) created a "Limited Term" Final Public Report option.  The Limited Term Final Public Report (LTFPR) is an option available to those builders and developers who are faced with circumstances limiting their ability to comply with all of the requirements necessary to obtain a full term (5 year) Final Public Report.  A LTFPR is a ...
subdivider

10 Reasons You Might Be A Subdivider and a few reasons you might not be... Many of our clients who call are confused as to when or whether they must obtain a Public Report prior to offering properties that they own for sale to the public.  We hope in this article to simplify the understanding of who, when and why a public report might be required, even when the person or entity selling prope...

The Public Report Process is usually the critical path in a residential subdivision.  With that in mind, we encourage our clients to initiate the process as early as possible.  The Department of Real Estate (DRE) process requires a minimum of four months' processing time at DRE.  Following is a chart that outlines the DRE response times that are mandated by law. COMMON INTEREST STANDARD P...
CID

Many of our clients are wary about turning over control of the project entry to the HOA too early in the project’s sale-out phase. Once an improvement is owned by the HOA, it is their responsibility to maintain it, and the subdivider often prefers to maintain it at a higher level than the HOA would. More and more often, we see Use and Maintenance Agreements utilized, which allow the subdivider ...
subdivisions

Most people know that subdivisions located within city limits, with no homeowners' associations or common areas, where the developer is selling only completed homes, are exempt from the Public Report process. The important thing to note, is that they are NOT entirely exempt from Department of Real Estate (DRE) jurisdiction. What exactly does the DRE have jurisdiction over in this type of developme...
water letters

With measurable rain in California, it may be surprising for some to learn that the DRE is continuing to pursue water letters affirming “ample, potable” water availability on subdivisions where vacant lots are being offered for sale. Filings where homes are offered may be exempt from obtaining a water letter in many cases, but it appears that the DRE does not exempt the requirement when even one v...
Mixed-Use

Recent court cases have brought the structure of mixed-use projects to the forefront for DRE management. Historically there have been cases where, if the commercial property owner is a significant or influential entity, the commercial property is afforded the means to control the HOA. It is not uncommon for a commercial property to be burdened with a higher ratio of financial responsibility to ...
AB 1448

AB 1448, “The Clothesline Bill” became law in November, 2015. The bill allows HOAs to adopt ‘reasonable’ restrictions against clothes drying on balconies, railings, awnings, or other parts of a structure. The courts may ultimately have to test what “reasonable” means, since the law does not give clear guidelines. To see a copy of the Assembly Bill, click HERE....