BERYS LAW | Business, Real Estate, Wills/Trusts

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...

Buying your first home in San Diego is exciting—sunny beaches, thriving neighborhoods, and the promise of your own piece of paradise. But beneath the excitement lies a web of legal considerations that, if overlooked, can turn your dream purchase into a costly headache. Here are the top seven legal mistakes first-time homebuyers make in San Diego and how to avoid them.

1. Skipping a Thorough Title Search

Many buyers assume the seller has clear ownership, but unpaid taxes, liens, or ownership disputes can lurk beneath the surface. Without a proper title search and title insurance, you could inherit someone else’s legal problems. 

Solution: Work with a reputable title company to ensure the property’s title is free from defects before closing.

2. Overlooking HOA Rules and Restrictions

San Diego’s many planned communities and condos come with homeowner associations (HOAs) that impose rules on renovations, rentals, and even paint colors. 

Solution: Read the HOA’s Covenants, Condition...

Growing a real estate portfolio can be one of the most effective ways to build long-term wealth, but it also involves legal risks that, if overlooked, can result in costly mistakes. By implementing the right legal systems from the start, investors can protect their assets, reduce liability, and scale their holdings with confidence. Here’s how you can grow your real estate portfolio safely through smart legal structures and systems.

1. Establish the Right Legal Entity

One of the first steps in building a legally sound portfolio is selecting the proper business structure. Most real estate investors choose to hold properties under a Limited Liability Company (LLC) or a series of LLCs. This setup provides a level of personal liability protection, separating your personal assets from your investment properties. It also adds credibility and makes it easier to manage partnerships and joint ventures. For larger portfolios, investors sometimes create a holding company that owns multiple LLCs,...

Mold in rental properties is more than just an unsightly nuisance—it can be a serious health hazard and a costly legal issue. Tenants exposed to mold may experience respiratory issues, allergic reactions, or worse, and in many cases, they may be legally entitled to sue their landlord. For landlords and property managers, understanding mold liability is crucial to avoid disputes and protect both tenants and investment properties.

Understanding Mold and Its Health Risks

Mold grows in moist, warm environments—often in bathrooms, basements, or anywhere water damage has occurred. While not all molds are dangerous, certain types, such as black mold (Stachybotrys chartarum), can pose significant health risks, especially to children, the elderly, and individuals with compromised immune systems.

Symptoms linked to mold exposure include coughing, sneezing, headaches, skin irritation, and even asthma attacks. When tenants believe their health has been affected due to mold in their rental uni...

Homeowners Associations (HOAs) play a major role in maintaining community standards, but many homeowners are surprised to learn just how much authority their HOA has—including the ability to impose fines. But can your HOA really fine you? The answer is yes—but only within legal limits. Understanding these boundaries is crucial to protecting your rights as a homeowner.

The Basics of HOA Authority

When you buy a home in an HOA-governed community, you agree to follow its rules—typically laid out in the Covenants, Conditions, and Restrictions (CC&Rs), as well as bylaws and community guidelines. These documents outline what the HOA can regulate, from paint colors and landscaping to parking and pet policies.

In most states, including California, HOAs have the legal authority to issue fines for rule violations. However, that power isn’t unlimited.

Discover: Can an HOA Enter Your Property to Fix Landscaping Without Permission?

Legal Requirements for Fining Homeowners

Here are several imp...

Renting out property comes with both rights and responsibilities for landlords. While fair housing laws prohibit discrimination based on race, religion, national origin, sex, disability, or familial status, landlords are legally allowed to deny rental applications for valid, non-discriminatory reasons. Here are 10 legal reasons to deny a tenant:

1. Poor Credit History

A credit check reveals how well a tenant manages debt. If a prospective renter has a low credit score, multiple late payments, or accounts in collections, a landlord may reasonably worry about their ability to pay rent on time and deny their application.

2. Insufficient Income

Most landlords require tenants to earn at least two to three times the monthly rent. If an applicant cannot demonstrate adequate income through pay stubs, tax returns, or employment verification, it’s legal to deny them based on the risk of rent default.

3. Criminal Background

While landlords must be cautious about blanket policies that excl...

Homeowners’ Associations (HOAs) are responsible for maintaining the appearance and standards of a neighborhood, which often includes enforcing landscaping rules. However, many homeowners wonder: Can an HOA legally enter your property to fix landscaping without your permission? The answer depends on several factors, including your HOA’s governing documents, the nature of the violation, and local laws.

Understanding HOA Authority

An HOA’s power to act is outlined in its governing documents—typically the Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents may include provisions that allow the HOA to take corrective action if a homeowner fails to comply with landscaping standards. However, this does not mean they have unlimited access to your private property.

In most cases, HOAs can only enter certain parts of your property—usually what’s classified as "common areas" or "easements"—unless they have explicit permission or an emergency situ...

Homeowners’ Associations (HOAs) are designed to maintain the appearance and value of neighborhoods through rules and regulations. One common issue that arises is HOA violations related to lawns or landscaping. If you receive a notice of violation, it’s important to handle the situation promptly and professionally. Here's a step-by-step guide on how to respond to an HOA violation concerning your lawn or landscape.

1. Review the Violation Notice Carefully

The first step is to read the notice thoroughly. Identify what specific rule you are alleged to have violated. HOAs typically reference the relevant clause in the community’s Covenants, Conditions, and Restrictions (CC&Rs). Take note of the deadline given to resolve the issue, any potential fines, and whether there is an appeal process.

2. Understand the Rules

If you're unsure about the violation, revisit the HOA's governing documents, especially the landscaping guidelines. Some HOAs have strict requirements about grass height, ty...

Emotional Support Animals (ESAs) provide therapeutic benefits to individuals with mental or emotional disabilities. With mental health awareness on the rise, more tenants are seeking the right to keep ESAs in their homes. However, this raises an important question for landlords: Can landlords deny emotional support animals? The answer lies in understanding the Fair Housing Act (FHA) and related legal protections.

What Is an Emotional Support Animal?

Unlike service animals, which are trained to perform specific tasks for people with physical disabilities, ESAs do not require special training. Their primary role is to offer comfort and emotional support to individuals suffering from conditions like depression, anxiety, PTSD, or other mental health challenges. A licensed mental health professional must provide documentation verifying the need for an ESA.

The Fair Housing Act and ESAs

Under the Fair Housing Act (FHA), landlords are required to provide reasonable accommodations to tenan...

Landlords have a legal and ethical responsibility to ensure that rental properties are safe for tenants. Unfortunately, accidents and injuries can occur when property maintenance is neglected or when hazards go unaddressed. Understanding the most common causes of tenant injuries—and how to prevent them—can help landlords protect their tenants and reduce liability.

1. Slips, Trips, and Falls

One of the most frequent causes of injuries in rental properties is slipping or tripping due to unsafe conditions. Wet floors, uneven walkways, loose carpeting, and poorly lit staircases are common culprits.

Prevention Tips:

• Regularly inspect flooring, handrails, and lighting.
• Install non-slip surfaces in bathrooms and entryways.
• Fix loose tiles, torn carpets, or uneven steps immediately.
• Ensure outdoor walkways and staircases are well-lit and free of debris.

2. Faulty Stairs and Railings

Stairways and balconies can become dangerous if they are not maintained properly. Broken railings o...