Practice Areas
Little & Saputo assists clients with the following real estate, subdivision, common interest development, and association-related matters.
Practice Area Articles
Common Interest Developments Condominium Conversions Condominiums Department of Real Estate/DRE Approvals Fannie Mae, Freddie Mac, FHA & VA Purchase Contracts Updating Governing Documents
Common Interest Developments
We have experience with a broad range of issues creating common interest development projects and preparing governing documents for thousands of condominium and planned developments throughout California. The firm assists the application team in the process of obtaining public reports from the Department of Real Estate (DRE), maintaining a relationship of integrity with DRE investigators and managers. We prepare project specific documents based on our pre-approved Master Management Documents.
After public reports are issued by DRE, we assist subdividers to properly transfer control of the common interest development to the homeowners association. The firm also assists in the incorporation process, filings with the Secretary of State, and initial start-up and establishment of developer-controlled associations.
Condominium Conversions
Little & Saputo has experience with condominium conversion and zoning issues and helps guide and facilitate the entire process - helping to guide engineers in the development of accurate and legal condominium plans, navigating the conversion requirements of the local jurisdiction and subdivision map act requirements, including preparation of tenant notices, developing a clear and complete set of condominium documents, reviewing proposed association budgets, and preparing all legal documents necessary to obtain approval from the local jurisdictions.
Condominiums
Whether new construction or condominium conversions, Little & Saputo assists our clients in all aspects of condominium development. We guide and facilitate the entire process by coordinating with engineers to develop accurate and legal subdivision final maps and condominium plans, navigating the requirements of the local jurisdictions, preparing a clear and complete set of condominium documents, reviewing proposed association budgets (ensuring internal consistency with the governing documents) and preparing all documents necessary to obtain approval from the local jurisdictions and DRE.
Department of Real Estate/DRE Approvals
Little & Saputo assists subdividers to obtain conditional and final subdivision public reports issued by DRE for both standard and common interest developments. Our role generally involves the preparation of governing documents (including articles of incorporation, bylaws and CC&Rs), subsidy agreements, sample documents and other documentation reviewed by DRE. We also advise our clients on specific issues involved in the DRE approval process and compliance with DRE Regulations governing common interest subdivisions. When problems arise in the DRE review process, we work with our clients to resolve those issues. We also assist subdividers when desist and refrain orders have been issued.
Fannie Mae, Freddie Mac, FHA & VA
Little & Saputo issues attorney opinion letters to the Federal National Mortgage Association ("Fannie Mae"), the Federal Home Loan Mortgage Corporation ("Freddie Mac"), the Federal Housing Administration ("FHA") and the Veterans Administration ("VA") as part of the agency project approval process. In addition, we prepare amendments to bylaws and CC&Rs as appropriate to comply with the requirements of these agencies. Little & Saputo also assists developers in the documentation necessary to establish working capital accounts needed as part of the FHA project approval process.
Purchase Contracts
Little & Saputo prepares real estate purchase agreements and addenda for lots, condominiums, mixed use (commercial) subdivisions and multi-family projects. The firm also drafts, reviews and revises general and specific disclosures involving diverse matters and conditions.
The firm reviews and revises client purchase agreements to ensure that they are functional and comply with state and federal law, including the Real Estate Settlement Procedures Act (RESPA), the Interstate Land Sales Act, Subdivided Lands Act and regulations of the California Department of Real Estate.
The firm represents developers/sellers in dispute with buyers who cancel purchase contracts or are in default of any provisions of their purchase contracts. Little & Saputo has successfully resolved most disputes over liquidated damages and deposits through direct negotiation or alternative dispute resolution, rarely resulting in litigation.
Updating Governing Documents
Little & Saputo assists community associations in complying with changes in the law by updating and revising association governing documents, including bylaws, CC&Rs, election rules, solar rules, and other operating rules.