Articles & FAQs

From time to time, the attorneys of our firm publish articles on a variety of topics of general interest. You are welcome to view these articles in Adobe Acrobat PDF format via the links below. To download the Adobe Acrobat Reader, click here. Reproduction and distribution of these articles is subject to all applicable copyright restrictions.

These articles are for informational purposes only, and should not be relied on as legal advice about specific situations. Readers should consult an attorney if they need help with legal matters. We invite readers seeking legal assistance to contact one of our attorneys to discuss their needs.

Condominium Conversion in San Francisco

FAQs – Condominium Conversion in San Francisco:
- Why Should I Convert My Property to Condominiums?
- Is My Property Eligible for Conversion?
- What is San Francisco’s new Expedited Condominium Conversion Program?
- What are the City’s new Lifetime Lease requirements?
- Which Properties Bypass the Expedited Conversion Program?
- How does the City’s Tenant Protection Legislation Affect Conversions?
- What Building Code Work Will I Need to do to Convert?
- What Will My Conversion Cost?
- What are the “Tenants Rights” Rules?
- How Long does the Conversion Process Take?
- Does My Lender have to Approve My Conversion?
- Must I Refinance After Conversion?
- Will Conversion Increase My Property Taxes and Insurance Premiums?
- Will My Unit Remain Subject to Rent Control After Conversion?

Resolving Small Condominium Disputes

FAQs – Resolving Small Condominium Disputes
- How Much Do CC&Rs Matter?
- What Are HOA “Rules” and What Happens when Rules Conflict with CC&Rs?
- Who Can Enforce Condominium Laws?
- Is Condo Dispute Resolution Expensive?
- Mediation or Arbitration?
- What Can I Do to Reduce the Risks of Condominium Ownership?

Managing Small Condominium HOAs

Managing Small Condominium HOAs
- How Are Condominium Laws Enforced?
- Do CC&Rs Get “Stale?”
- What Happens When HOA Rules Conflict with CC&Rs?
- Must HOAs Be Incorporated?
- Must HOAs Maintain Reserves?
- What Annual Reports Must HOAs Issue?
- Do HOAs File Income Tax Returns?
- What Insurance Must HOAs Carry?
- Can HOAs Ban Smoking?
- Can HOAs Restrict Owners from Selling or Renting Their Units?
- Are Condominium Units Subject to Rent Control?
- What Disclosures Must HOAs Provide to Condominium Buyers?

Tenancy in Common in San Francisco

FAQs – Tenancy In Common in San Francisco:
- What is a Tenancy In Common (TIC)?
- Why are TICs so Popular in San Francisco?
- What are the Risks of TIC Ownership?
- How are TICs Organized?
- How are TIC Percentage Interests Determined?
- How have TIC Mortgages Traditionally been Shared?
- What is Different about “Fractional” TIC Mortgages?
- What Should be Included in a TIC Agreement?
- Can I Sell My TIC Interest?
- How are Fractional and Group Mortgage TIC Re-Sales Financed?
- What are the State Requirements for Larger TICs?

Resolving TIC Disputes

FAQs – Resolving TIC Disputes
- Are TICs & Condos the Same?
- Who Makes the Rules for Condos and TICs?
- How do the Differences Between TICs & Condos Affect Disputes?
- What are the Most Common TIC Disputes?
- What are Forced Sale and Partition?
- What Can I Do to Reduce the Risks of TIC Ownership?

New TIC Condominium Conversion Rules

New TIC Condominium Conversion Rules
- What happens to the City’s annual Condominium Conversion Lottery?
- Will the new law affect 2-Unit “Bypass” Conversions?
- What new Fees will be charged for Conversions?
- What new Eviction rules disqualify Conversions?
- My TIC Building has been in the lottery – when can I convert?
- My TIC Building has not been in the lottery – can I convert?
- What are the new Owner-Occupancy rules?
- Do all Tenants get Lifetime Leases?
- What is the “Poison Pill”, and can it stop conversions?
- What new obstacles can prevent condo conversion?
- Will the new rules slow down or speed up conversions?

Landlord-Tenant Issues in San Francisco

FAQs – Landlord-Tenant Issues in San Francisco

- Is My San Francisco Residential Rental Property Subject to Rent Control?
- What Happens After a Lease Term Expires?
- Do Foreclosure Properties Have Different Rules for Rent and Eviction Control?
- What Fees and Expenses Can Be Passed Through to Tenants?
- When Can I Enter the Tenant’s Unit?
- What Are the Rules on Security Deposits?

Tenant Evictions in San Francisco

FAQs – Tenant Evictions in San Francisco:
- Is My San Francisco Residential Rental Property Subject to Rent Control?
- What are the Rent Increase Limitations of Rent Control?
- What are the Eviction Restrictions of Rent Control?
- May I Evict My Tenant so I (or a relative) Can Reside in My Property?
- May I Evict a Tenant from My Condominium?
- What Can I Do if the City Orders Me to Remove an Unwarranted In-Law Unit?
- May I Ask My Tenant to Vacate so I Can Remodel the Unit?
- What Is the Ellis Act?
- Can I Evict “Protected Tenants” with the Ellis Act?
- How Are Single-Family Homes Treated Differently?
- Are Tenant “Buyouts” Legal?
- What Effect Will an Eviction Have on a Future Condominium Conversion?

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