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Articles Posted in CC&R and Rule Enforcement

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Exemptions from Rental Restrictions; Not All Transfers Apply

By Sandra L. Gottlieb, Senior Partner and Community Association Attorney at SwedelsonGottlieb California Civil Code Section 1360.2 went into effect on January 1, 2012, a little over one year ago, and states that any new provision in a governing document or an amendment to a governing document that prohibits the rental…

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Family Day Care Homes Can Operate Within California Community Associations—So Long As They Follow The Law

By Sandra L. Gottlieb, Esq. Senior Partner at SwedelsonGottlieb, Community Association Attorneys Did you know that California community associations are required to allow an owner to operate a “family day care home” within their unit or lot at an association and that the day care can have up to 14…

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Are Persons Who Are Not Owners Allowed to Attend Association Board Meetings? Yes, If The Board Allows This. Otherwise, The Answer Is No.

Blog Post by David Swedelson, SwedelsonGottlieb Community Association Attorneys We are often asked whether persons who are not members of the association can attend association board meetings. The short answer to this question is yes, subject to the considerations discussed below. We are also asked if non-members can be excluded…

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Complaints From Annoyed Neighbors? Loud Sex, Smoke & Noise!

Blog Post by David Swedelson, Partner SwedelsonGottlieb As community association attorneys, we are often called upon to deal with neighbor to neighbor complaints and disputes. Well, often is probably an understatement. How about daily? These complaints generally deal with smoke from cigarettes and more lately from (medical) marijuana, hard surface…

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Holiday Decorations; ‘Tis the Season to Be Tolerant

The holidays are just around the corner, and it’s time for community association boards to start getting ready to address issues connected with holiday decorations. What kinds of limits should be placed on holiday decorations? How do you implement holiday rules and regulations? All that and more questions are answered…

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Property Owner Wins Lengthy Turf War; Judge Titles Order: “Anatomy of An HOA Dispute Run Amok”

By David Swedelson, Partner SwedelsonGottlieb; Condo Attorney and HOA Lawyer A CC&R dispute that started 11 years ago over the condition of a Tampa Florida homeowner’s lawn, a lawsuit that involved dozens of court hearings, a weeklong jury trial, two appeals and a second trial, at a cost of hundreds…

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Can the Board Have Vehicles Towed if They are in Violation of the Rules? Maybe. It’s Complicated.

By David C. Swedelson, Esq., and Ryan D. Barrett, Esq., SwedelsonGottlieb; Condo Lawyers and HOA Attorneys We are often asked if a California condo or homeowners association has the ability to tow vehicles from the association if they are violating the association’s Rules and Regulations. The answer is that an…

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