Incorrect Deeds
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.
Blog
Churches and For-Profit Tenants
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
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
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
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
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
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.
Church Security
Comprehensive guide to church security in California. Learn about active shooter preparedness, lockdown procedures, concealed carry policies, security teams, and the California State Nonprofit Security Grant Program (AB 1548) for hardening your facility.
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 […]
Commercial Tenant Abandoned Property California: What Churches and Landlords Must Know
Commercial tenant abandoned property California issues arise frequently when a church tenant vacates the premises—whether at the end of the rental term or unexpectedly—and leaves items behind. In many cases, these belongings are simply forgotten and later retrieved once the tenant is notified. However, it is also common for a commercial tenant to intentionally leave property behind because they no longer want it or do not wish to move it. This raises an important legal question for churches and landlords: what obligations apply when a commercial tenant abandoned property California […]