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January 2016 Archives

New Regulations for Homeowners' Associations & Other 501(c)(4) Organizations

Homeowners' Associations and other social welfare organization exempt under IRS section 501(c)(4) are subject new regulations.  As part of section 405 of the "Protecting Americans from Tax Hikes Act of 2015", enacted December 18, 2015, certain provisions affect social welfare organizations described in section 501(c)(4) that are established after December 18, 2015 and certain organizations existing on that date.  

Old California Restaurant Row in San Marcos to be Revitalized

As many San Diego County residents already know, the Old California Restaurant Row in San Marcos has been a mainstay for many years. Since it was built in the 1970s, the location has always been a go-to location for residents in and around San Marcos, Carlsbad, Vista, and Escondido. The now-owner (son of the original owners, Jim and Vera Eubank) recognizes that the once impressive commercial property needs a major overhaul to meet the expectations of current consumers. John Clemente, the developer hired by owner Bob Eubank, says they are planning to restore Old California Row "back to its iconic status."

Social Issues Can Effect Local Land Use

Land use for real property is rarely considered when potential legislative acts are considered. The resolution of social issues can affect local land use ordinances and regulations, by which a local juridiction controls the legal use of the real property. The most typical examples involve residential and commerical developments. Additionally, local jurisdictions may impose other ordinances or regulations that limit a certain number of business to a specific geographic area (e.g., only a limited number of hair salons may be licensed).

UPDATE: SeaWorld San Diego Sues California Coastal Commission

As promised in October 2015, SeaWorld LLC dba SeaWorld San Diego has commenced litigation against the California Coastal Commission over a decision to condition SeaWorld's new orca enclosure on numerous onerous conditions, including those that dealt with the husbandry practices and transportation restrictions of the orcas. The initial Petition for Writ of Mandate and Complaint for Declaratory Relief was filed on Tuesday, December 29, 2015 after an agreement by the parties to extend the time period for which SeaWorld had to file its lawsuit.

Quiet Enjoyment for Mobilehome Park Residents

Quiet enjoyment for mobilehome park residents is often challenging for the park owners to provide. Quiet enjoyment means providing an environment which is peaceful and quiet. In other words, one household does not have to endure certain types of behavior from other households. All multi-family housing owes the duty of quiet enjoyment to their residents, but for mobilehome park wwners and managers, the obligation has been challenging to provide due to the laws related only to mobilehome parks.

Notice of Funding Issued by MPRROP

The California Department of Housing and Community Development, Mobilehome Park Rehabilitation and Resident Ownership Program (formerly known as the Mobilehome Park Resident Ownership Program or MPROP) issued a Notice of Funding availability (see MPRROP 2016 NOFA.pdf) on January 6, 2016 announcing the availability of $15.5M to qualified applicants in a maximum amount of $3.5M per project.

Commercial real estate investment expected to increase in 2016

Commercial real estate investment is expected to increase in 2016.  In a prior post, we highlighted Congress' latest move to relax tax burdens on foreign investors who purchase property in U.S. markets. The move is partly based on the notion of encouraging foreign investment so that more than just commercial real estate prices will drive international money into our economy.

Nonprofits Must File Annual RRF- 1

Nonprofits must file an annual RRF-1 (Registration Renewal Fee Report) with the Attorney General of the State of California.  "Every charitable nonprofit corporation, unincorporated association or trustee holding asserts for chartiable purposes that is required to register with the Attorney General's Office is also required to annually file Form RRF-1."

Congress relaxes tax law on foreign real estate investors

Demand for commercial real estate in California is arguably more active now than at anytime since the economic downturn. Prices for commercial properties have been robust as the economy has steadily improved. And with a recent move by Congress, the coming New Year is poised to be a banner year for investors and developers alike.

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The Loftin Firm, P.C.
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Carlsbad, California 92008-4713

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