BERYS LAW | Business, Real Estate, Wills/Trusts

Living in a community with a homeowners association (HOA) can offer perks—cleaner common areas, well-kept neighborhoods, and shared amenities. But it also comes with rules, and sometimes, fines. While many violations are legitimate, not all HOA penalties are set in stone. As a homeowner, you have the right to question unfair charges and make sure the association follows the law and its own governing documents. Here’s what you can challenge and how to protect yourself in the process.

1. Fines That Aren’t Backed by Written Rules

Your HOA can only fine you for violations that are clearly stated in the community’s governing documents—usually the Covenants, Conditions, and Restrictions (CC&Rs), bylaws, or official policies. If the rule isn’t written down or the fine isn’t authorized, you can dispute it. Ask for a copy of the rule and the section where your supposed violation is defined. If they can’t point to it, the fine may not hold.

2. Fines Issued Without Proper Notice

Most states r...

As the year wraps up, landlords often focus on taxes, maintenance, and tenant renewals—but it’s also the perfect time to make sure your rental business is legally buttoned up. A few simple checks now can help you avoid fines, disputes, or legal surprises later. Whether you manage one unit or several, this year-end legal checklist will help you close the year on solid ground.

1. Review Your Lease Agreements

Start by pulling out your active leases and reviewing the details. Make sure each lease is current, signed by all parties, and includes any updates that reflect your property’s latest policies or local regulations. Check renewal dates and notice periods, and confirm that rent increases (if any) comply with your area’s rent control or notice laws. If you’ve used different versions of lease templates over time, consider standardizing them for consistency going forward.

Read more: Common Mistakes in Drafting Lease Agreements for Rental Properties

2. Verify Tenant and Property Reco...

Selling a home can feel like an emotional and financial marathon. Between cleaning, staging, and negotiating with buyers, it’s easy to forget that the legal side of the process can trip you up at the finish line. Many sellers assume that once they find a buyer, it’s smooth sailing—but unexpected legal issues can delay or even derail the sale. If you want to close with confidence, it’s essential to prepare early and understand what legal pitfalls to avoid.

1. Double-Check the Property Title

One of the most common last-minute problems is a title issue. You might not even know there’s a problem until it surfaces during escrow. Liens, unpaid taxes, boundary disputes, or missing signatures from co-owners can all prevent a clean title transfer. Before listing your home, order a preliminary title report or ask your agent to help you get one. If anything unusual shows up, you’ll have time to resolve it instead of scrambling right before closing.

2. Review Your Disclosures Carefully

Every...

Tenant complaints are part of managing any rental property, but how you handle them can make or break your relationship with tenants—and even your reputation as a landlord. In California, where tenant protection laws are particularly strong, addressing issues promptly and professionally isn’t just good practice—it’s essential. Here’s how landlords can handle complaints effectively, stay compliant, and maintain a positive rental environment.

1. Encourage Open and Easy Communication

The first step in handling tenant complaints is making it easy for tenants to reach you. Provide clear contact information and multiple ways to report issues—whether by phone, email, or through a property management portal.

Encouraging tenants to report problems early prevents small issues from turning into big ones. A leaking faucet, for instance, is a simple fix today but could become a costly water damage claim if ignored. More importantly, being responsive builds trust. Tenants who feel heard are more ...

When money and property change hands—whether it’s a real estate deal, a business purchase, or even an online sale—trust becomes the cornerstone of the transaction. But trust alone isn’t always enough. That’s where escrow steps in. Escrow offers a neutral, legally protected space where both parties can safely complete their side of the agreement before any funds or assets are released. It’s not just a convenience—it’s a legal safeguard that protects everyone involved.

What Is Escrow?

At its core, escrow is a legal arrangement in which a neutral third party holds funds, documents, or assets until all agreed-upon conditions are met. Think of it as a digital or legal “holding pen.” The escrow agent (or company) follows the terms laid out in the contract and only releases the assets once both sides fulfill their obligations.

Escrow is commonly used in real estate, business acquisitions, online marketplaces, and intellectual property transfers, but its protection applies to any transactio...

Buying a home is one of the biggest financial decisions most people make, and the excitement of finding “the one” can sometimes overshadow important details. While it’s true that buyers are expected to do their own due diligence through inspections and research, sellers also carry legal obligations. These disclosure requirements are designed to protect buyers from unexpected surprises—and in some cases, costly repairs or legal battles.

So, what exactly are sellers required to tell you before you sign on the dotted line?

Known Defects Must Be Disclosed

One of the most universal requirements is that sellers must disclose known material defects. These are issues that significantly impact the property’s value, safety, or usability. Examples include:

• Roof leaks or structural damage
• Mold or water intrusion
• Electrical or plumbing problems
• Foundation cracks
• Pest infestations

Even if the home looks picture-perfect, the law expects sellers to be upfront about hidden issues they ar...

For many property owners, few legal concepts are as unsettling as eminent domain. The idea that the government—or in some cases, a private entity acting under government authority—can take private property for public use may seem alarming. Yet eminent domain has long been a part of property law, balancing individual ownership rights with the needs of society. Understanding how it works is essential for any property owner who may face this situation.

Defining Eminent Domain

Eminent domain is the power of the government to take private property for public use, provided that the property owner receives just compensation. This authority stems from the Fifth Amendment of the U.S. Constitution, which states that no person shall be deprived of property without due process of law, nor shall private property be taken for public use without fair payment.

Public use is broadly defined. Traditionally, it included roads, schools, and government buildings. Today, it can also extend to utilities, ...

Eviction is often seen as the ultimate solution when tenants fail to pay rent or violate lease terms, but it’s also one of the most costly and time-consuming processes a landlord can face. Court fees, lost rent, legal representation, and property turnover costs add up quickly—not to mention the stress involved. Fortunately, eviction isn’t the only option. Exploring alternatives can help landlords save money, preserve tenant relationships, and resolve issues faster.

1. Open Communication and Mediation

Sometimes, a simple conversation is all it takes to resolve conflicts. Tenants may fall behind on rent due to temporary hardships, like job loss or medical bills, and may be willing to work with you if given the chance. Instead of heading straight to court, try scheduling a meeting to discuss the problem.

Mediation services, often offered by local housing authorities or nonprofit organizations, can also help. These services provide a neutral third party who guides landlords and tenants ...

Owning rental property can be a rewarding investment, but it also comes with the responsibility of following state and local rental laws. Regulations vary widely from one state to another, and even seasoned landlords can feel overwhelmed by the legal details. Fortunately, staying compliant doesn’t have to be a headache. With the right systems in place, you can protect yourself legally, keep tenants happy, and run your rental business more smoothly.

1. Know the Laws in Your State and City

The first step is understanding that rental laws aren’t “one size fits all.” What applies in California might not be relevant in Texas or Florida. Some states have strict rent control rules, while others offer more flexibility. Cities may also have ordinances around safety, inspections, or occupancy limits.

To avoid costly mistakes, start by reviewing your state’s landlord-tenant handbook or official housing authority website. Many states provide free resources that break down landlord responsibilit...

Homeowners’ associations (HOAs) exist to protect property values and ensure smooth community living. But for many homeowners, HOA board decisions can feel arbitrary or even unfair, leading to frustration, disputes, and unnecessary tension. Fortunately, with the right approach, HOA boards can foster transparency, fairness, and cooperation—while reducing conflicts. Here’s how.

1. Transparency

One of the fastest ways to build trust is through openness. Boards should clearly communicate decisions, reasoning, and processes to homeowners. Sharing agendas in advance, keeping detailed meeting minutes, and making records accessible ensures homeowners feel included and informed. Transparency eliminates suspicion and demonstrates that decisions are based on rules—not favoritism.

2. Apply Rules Consistently

Selective enforcement of community rules breeds resentment. If one homeowner receives a violation notice for leaving trash bins outside, but another does not, conflict is inevitable. Boar...