By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys The Los Angeles Times reports that the Los Angeles City Council is considering an increase in the number of cats that a Los Angeles City resident can own. Seriously? We are often called upon to deal with condo residents that have way…
Articles Posted in CC&R and Rule Enforcement
HOA Tells Owners They Cannot Park Their Pickup Truck in Their Own Driveway – Seriously?
By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys I was recently made aware of a lawsuit filed in Fayetteville, New York by an HOA against homeowners seeking to restrict them from parking their 2014 Ford F-150 pickup truck in their driveway. The association apparently has CC&Rs that limit parking in…
California Community Associations Cannot Deny or Reject an Architectural Application Merely Because the Owner Failed to Obtain Prior Approval
By David Swedelson, Esq., SwedelsonGottlieb, Community Association Attorneys A manager at a planned development community association we represent contacted me regarding a dispute with an owner. The board was refusing to allow the owner to make a change to the common area solely because the owner had made a change…
San Francisco’s “Airbnb Law” Does NOT Control Over A Condo/HOA Association’s Governing Documents
By: SwedelsonGottlieb, Community Association Attorneys On October 7, 2014, the San Francisco Board of Supervisors voted to legalize the use of residences in San Francisco for short-term vacation rentals, by passing what has been dubbed as the San Francisco “Airbnb law”. Follow this link to a news article. This new…
Does your condominium, cooperative or HOA board know if and when it is appropriate to grant a hardship exemption, a variance from the restrictions in the CC&Rs?
By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys In a blog post by Donna DiMaggio Berger, a Florida Community Association Attorney, she discuses exceptions or variances granted to owners. Apparently in Florida they deal with some of the same issues we do. As Donna states, many boards want the leeway…
Another California City to Ban Smoking in Condominiums – What is Your Association Waiting For?
By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys I was alerted to a proposed smoking ban in apartments and condominiums by the City Council in Culver City, California. Follow this link to read an article from the Culver City Observer that tells us that the City Council directed the City…
Noisy Nuisance or Mass Movement? Public Dancing Disturbs Quiet Enjoyment in China’s Condos
By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys We often get calls from Board members and managers asking us to help them with noise problems. Usually, the complaints involve hard surface flooring, loud stereos or TVs, prolonged or loud dog barking, or a tenant who plays a musical instrument…
California Legislature Says it’s OK if the Owner’s Lawn is Brown; Governor Brown Signs AB 2100 Into Law and it Takes Effect Immediately
By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys Earlier this year, I attended a legislative action day in Sacramento. I was surprised by the number of bills being proposed to deal with the drought, with many of them focused on community associations. As the state of emergency with our…
Are Your HOA’s Residents Playing by the Rules? David Swedelson Will Be Speaking On Rule Enforcement on July 30, 2014
Have you seen SwedelsonGottlieb Senior Partner David Swedelson present his Playing by the Rules seminar yet? Be sure to catch his next offering of this popular program with co-presenter Craig Phillips on July 30, 2014 at 8:00 a.m. in Valencia. The program is free to HOA board members and managers…
“Spot” Amendments to Association Governing Documents
By SwedelsonGottlieb, Community Association Attorneys We are often asked about what portions of an association’s CC&Rs and Bylaws need updating to reflect current state statute and best practices. The answer is usually simple – everything! Due to the reorganization of the Davis-Stirling Act effective January 1, 2014, which included many…