A “subdivision” is defined as “improved or unimproved land” divided into five or more lots or parcels for the purpose of sale, lease, or financing...  Any person or entity who owns five or more lots in a subdivision is considered a “Subdivider.”  Subdividers must get a Final Public Report before offering subdivision lots for sale to the public. There are several exemptions to this requirement, ...

We often get calls from clients considering a purchase of a "broken" project, who are in the due diligence period on a project.   In this situation, it is worth the effort to investigate the project from the Department of Real Estate (DRE) perspective.  Was it filed with DRE previously?  Are there any red flags in the public report?  What would an amendment filing at DRE look like for this project...

E-FILING becomes a reality in 2018 Electronic filings have been discussed for the past five years, and some thought it might never happen.  Alas, it is happening, in 2018.  Our firm will be participating in beta testing of pink report application filings in July of 2018.  Based on the success rate of the beta filings, it is possible that full electronic filings will be available as early as the...

It's official – the Department of Real Estate is back!  The former Bureau of Real Estate has regained independence and is back to operating as an independent Department within California's government structure.   Since this announcement, management has scrambled to hire administrative staff to support the Department, filling 18 new positions in July; but those are not the only positions needing to...

One of the first questions we get asked when meeting someone is, “Which Projects have you worked on?”  Most recently, the second question is almost always, “Where are they getting the water for that?” It would appear the California drought is still alive and well and, as the hot summer days are approaching, the question is becoming more relevant as a concern for home builders. During the hei...

Here’s the scenario: you’re creating a 50-lot gated community where the monthly dues will be $100 per lot. Here’s the problem: Once you begin selling homes, the HOA will begin collecting dues on all unsold lots. You can pay monthly dues on all 50 lots until they’re all sold and eat into your profits or you can phase the project into smaller “marketing phases” during which you only pay dues on u...

Although the State of California Business and Professions Code 11010.4 releases developers from the Public Report requirements if all criteria are met, a Public Report is still considered a necessity by some. According to the B&P, a public report is not required when: Purchase money is deposited with escrow and proper releases and obtained; The development is not a common interest d...

A vote in November could provide a major change for the current California rent control laws and the housing crisis. Although the specifics aren’t completely clear, one thing is certain: big changes are headed our way. The ballot initiative aims to repeal the Costa-Hawkins Rental Housing Act which places limits on rent control and prohibits “vacancy control.”  (For more info on Costa-Hawking cl...