Copyright Laws for Churches

Legal GuidesChurch Real Estate, Copyright, Dramatico-Musical, Fair Use, Hymnal, Infringement, Landlord, Licensing Rights, Original Works, Public Domain, Reproduced, Tenant

It is probably fair to say they nearly every religious service plays music or sings songs that they did not write. In today’s digital world, information can be obtained from the internet such as music, lyrics, graphics, and pictures with ease. In doing so, few if any think of the possible ramifications of infringing upon the copyrights of another. What follows is a brief synopsis of the rules of law which pertain to the use of copyrighted materials during church services and may not apply to Sunday School or other […]

Premises Trespasser Liability: 5 Duties Churches Must Know

Church Safety & ComplianceChurch property, Church Real Estate, Premises Liability, religious property

Premises trespasser liability doesn’t stop at your church’s front gate — California law can hold a church responsible for injuries to trespassers, off-site pedestrians, and everyone in between. Here’s what the law actually requires, and the practical steps that reduce your risk.

The 600 MHz Wireless Microphone Band: What You Need to Know

Church Safety & ComplianceChurch Real Estate, Landlord, Tenant, wireless microphone

600 MHz wireless microphone band regulations have changed significantly in recent years, and understanding these FCC rules is essential for anyone using wireless audio equipment. The FCC has issued new rules which take effect on July 13, 2020, that will require you to cease the use of wireless microphones that operate in the 600 MHz service band. This may result in some equipment changes for churches, schools, and other users of such devices. Background: To meet the increasing demand for wireless broadband services nationwide, the FCC recently auctioned spectrum that […]

Incorrect Deeds

Legal GuidesAcceptance, Church Real Estate, Constructive Notice, Corporation, Deed, Escrow, Grant Deed, Grantor, Notary Public, Recording, title, Vesting

A small error in a deed’s Grantee name can cloud your church’s title for years. Learn how incorrect deeds happen and why it matters when selling or financing your property.

Churches and For-Profit Tenants

Church Real EstateCalifornia Revenue And Taxation Code, Church Exemption, Church Real Estate, Landlord, Organizational Clearance Certificate, Property tax, Religious Exemption, Tenant, Welfare Exemption

It often becomes necessary for a church to seek out tenants in order to meet the financial needs of the congregation. Some are happy to open their doors to other churches, while other desire schools or other groups to make better use of their facilities. Regardless of the approach, the type of tenant sought after can make a world of difference regarding your property taxes, especially if the tenant is a for-profit organization. The following is a brief overview and the proper professional should be consulted as the laws in […]

Residential and Commercial Eviction Limitations and Moratoriums During the COVID-19

Church Safety & ComplianceChurch Real Estate, Eviction, Failure To Pay Rent, Landlord, Notice To Quit, Tenant, Unlawful Detainer

The following information was provided by the California Business, Consumer Services, and Housing Agency. California Eviction Moratorium rules during COVID‑19 created a complex mix of statewide protections and local moratoriums that affected both residential and commercial landlords. This guidance is directed to landlords regarding eviction of tenants during the COVID-19 pandemic and to local jurisdictions considering instituting restrictions or moratoriums on residential or commercial evictions as a means of offering relief to individuals or business affected by the pandemic. The California Eviction Moratorium created overlapping statewide and local rules that […]

Commercial Property Disclosures

Trusts & EstatesAs-Is, Church Real Estate, Contingency, Defect, Disclosure, Failure To Disclose, Hazard, Latent Defect, Marketability, Material Facts, Property Inspection, Property Value, Transfer Disclosure Statement

First and foremost, to know which disclosures apply, we must define the difference between residential and commercial real property in California. Although most municipalities define the different types of properties in their zoning code, the general definitions used are essentially the same. Residential properties are generally those with one to four dwelling units, such as a single-family house or duplex. Although there are some nuances for mobile homes, and vacant land, for purposes of this article, commercial property is everything that is not residential property, including residential property consisting of […]

Overhanging Trees

Property & Land UseChurch Real Estate, Nuisance, Overgrown Tree, Premises Liability, Trespass

California laws on overhanging trees and neighbor disputes for church property owners. Learn your rights and limitations when trimming encroaching branches and roots, liability for tree damage under Booska v. Patel, and your duty to maintain trees on your property.

What is a Power of Attorney

Trusts & EstatesAgent, Church Real Estate, Fiduciary, General Agent, Limited Power Of Attorney, Power Of Attorney, Principal, Scope Of Authority, Special Agent, Utmost Care

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 […]

Principal and Agent in Real Estate

Church Formation & GovernanceAgent, Church Real Estate, Fiduciary, General Agent, Principal, Scope Of Authority, Special Agent, Third Party Liability, Utmost Care

Understanding the principal and agent relationship in real estate transactions. Learn about agency duties, scope of authority, fiduciary obligations, and how these rules apply to church property sales in California.

Yearly Archives: 2020