Category Archives: Blogroll

Overhanging Trees

Trees located on or near property boundaries may not cause a problem when they are small. However, as they grow, tree branches, trunks, and roots can encroach upon or across your property. Although the common theory is that you can trim your neighbor’s tree branches back to the property line, that right is not absolute. For purposes of this article, it is helpful to have a basic understanding of tree ownership. The California Civil Code states that “trees whose trunks stand wholly upon the land of one owner belong exclusively […]

Read More

What is a Power of Attorney

Although many have heard the term, it is important to understand what a power of attorney is. A power of attorney is important and comes in many different forms as part of estate planning. Understanding the limitations of each and how power of attorney best fits your needs now and in the future is vital. Defined: The California Probate Code Section sets forth the different types and limitations of a power of attorney. At its core, a Power of Attorney allows you to appoint an “attorney-in-fact” or agent, to act […]

Read More

Principal and Agent

More often than not, a member of your congregation will volunteer to act on behalf of the church to complete a task. In doing so, a fine line is drawn with regard to that person’s responsibilities and liabilities. In the contractual sense, that volunteer may have curtain expressed or implied authority to act on behalf of the church (the principal), as its agent. In General: According to the California Civil Code, “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called […]

Read More

Church Security

Over the past few years, there has been an alarming number of shootings conducted by those who wish to cause harm to others for one reason or another. In our current environment, churches must balance the open-door concept with that of a watchful eye on who is entering their facilities. Second only to spreading your beliefs to those who wish to learn, your church should take steps towards protecting those in attendance via security measures. Every member and volunteer has a role to play in the security of your church. […]

Read More

Community Property

After attending church Council meetings or services, I am often approached and asked questions by individual members. Other than general real estate concerns, the majority of the questions are in the area of estate planning, (Wills and Trust) and how they relate to community property. Although some get the concept of what community property is, when it gets down to it, they really don’t understand how it works and its effects on their estate. What follows is a brief overview of community property, which is the rule of the land […]

Read More

Abandoned Personal Property

On occasion, a church tenant will vacate the property, (Real Property), either at the end of the rental term or otherwise and leave some of their personal property behind. In most instances, those items are simply forgotten and later collected after being noticed. However, a tenant will often leave behind their personal property simply because they no longer want it. The question then becomes, what to do with the personal property of a commercial type tenant. Personal Property: The California Civil Code simply defines personal property as “every kind of […]

Read More

Evicting Church Tenants

Unfortunately, it sometimes becomes necessary to evict a church tenant. This may result from failing to pay rent, or otherwise not abiding by the terms and conditions of the agreement. Regardless of the reason, the steps for a contested or necessary eviction are the same and must be followed precisely. An eviction or Unlawful Detainer of a church tenant follows the statutes set forth for a commercial tenancy which varies greatly from that of a residential tenancy. Please note that in California, it is the Sheriff’s department that does the […]

Read More

Digital Signatures

First and Foremost, the use or acceptance of a digital signature shall be at the option of the parties. Under California law, certain types of contracts must be in writing in order to be enforceable. As per the Statute of Frauds and codified by California Civil Code §1624, the following must be in writing and signed by the party to be charged: (i) a contract involving the sale of goods $500 or more; (ii) consideration of marriage; (iii)  Contracts by the executor of a will to pay a debt of […]

Read More

Restricted Donations

Churches, like all nonprofit organizations, rely upon monetary donations in order to carry out their basic functions. In particular, it is these donations that enable the church to literally keep its lights on. Similar to the article about members taking deductions for the donations they contribute; this article focuses on what the church may do with the funds it receives. Please note that this article does not address fundraising through Bingo or Raffles. Unrestricted Funds:  In most instances, a member simply donates funds to be used towards the general operations […]

Read More

Removing Fixtures – from a church or otherwise

Tenants love to improve the facilities they rent by either painting the walls, installing new carpet, or mounting a video projector and screen for their Sunday service, or otherwise. In most instances, the landlord church has no problem with these improvements. The trouble however, arises at the end of the rental term when the tenant wants to remove their expensive video projector, but the landlord wants it to remain as a fixture attached to the property. If the rental agreement in silent in this regard, who gets the projector and […]

Read More