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Articles Posted in CC&R and Rule Enforcement

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Governor signs Senate Bill 298 Into Law; Unusual Legislation Giving Orange County (California) Community Associations The Ability To Contract For Services With Local Law Enforcement

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys SB 298, which adds Section 53069.81 to the Government Code, is an unusual piece of legislation that provides community associations in one county of California with the ability to contract with local law enforcement agencies to provide Vehicle Code enforcement services…

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David Swedelson To Speak on Nuisances – CAI National Webinar

SwedelsonGottlieb Senior Partner David Swedelson has been asked by Community Association Institute (CAI) – National to speak on Homeowner Hassles: Dealing With Nuisance Violations. This will be a part of CAI National’s series of webinars and will be broadcasted on July 17, 2013 (and available as a download later). For…

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SwedelsonGottlieb Prevails In Spite Fence (View Obstruction) Lawsuit

By David Swedelson, Senior Partner at SwedelsonGottlieb, Community Association Attorneys A longtime client of the firm was sued by a woman that did not live in the association who claimed that our client had illegally obstructed her view of a lake owned by our client association. After a jury trial…

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Do You Know What Your Community Association Volunteers Are Doing? Do They Carry Guns? Maybe You Need To Better Supervise

Blog Post by David Swedelson, SwedelsonGottlieb Partner, Condo Lawyer and HOA Attorney After the Trayvon Martin shooting in Florida last year, I posted a blog article highlighting the need for community associations to supervise their volunteers. Follow this link for that March 2012 blog article. If you have been following…

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View Protection At California Condo and Homeowner Associations: It’s Complicated

By David Swedelson, Condo Lawyer and HOA Attorney; Senior Partner at SwedelsonGottlieb, Community Association Attorneys Many owners buy units, lots or homes at community associations that have views and are later shocked to learn that the view they cherish, the view that caused them to buy that home, is not…

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Exclusive Use Common Area — It’s Complicated, Misunderstood and, Hopefully, Soon to be Clarified

By David Swedelson, Condo Lawyer and HOA Attorney, Partner, SwedelsonGottlieb, Community Association Attorneys A pipe, window or some other element of the common area leaks or breaks, and a condo association board decides that it is exclusive use common area and the unit owner’s repair and/or replacement responsibility, as it…

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Community Associations’ Failures to Deal With Bad Neighbors Could Have a Negative Impact on Property Values

By David Swedelson, Condo Lawyer and HOA Attorney; Senior Partner at SwedelsonGottlieb, Community Association Attorneys Every condo or homeowners association has one, that one owner that does not follow the rules, violates the CC&Rs, creates a nuisance or worse. The “bad” owner, the one that does not belong in a…

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Condo or HOA Foreclosed-What To Do With Abandoned Property In California

By Joan Lewis-Heard, Community Association Attorney/Litagator; Edited by David Swedelson, Senior Partner at SwedelsonGottlieb. So, your condo or homeowners association foreclosed on an assessment lien and is unfortunately the owner of a unit or home at the association. Not what the association wanted, but a reality as a result of…

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Condo Association Held Liable for not Addressing Secondhand Smoke Complaints

By David Swedelson, Condo Lawyer and HOA Attorney; Partner at SwedelsonGottlieb, Community Association Attorneys Think your condo association has no obligation to address secondhand smoking nuisance complaints? Think again. The Orange County Register reports that an Orange County jury has found a homeowners association negligent and in breach of the…

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Rental Restrictions: An International Issue

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys The Los Angeles Times reports (on January 1, 2013) that as a result of government imposed fees on investors that do not reside in their apartments (we assume condos) or buy to flip them, in Hong Kong real estate investors are scrambling…

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