By David C. Swedelson, Esq. and Ryan D. Barrett, Esq., Community Association Attorneys We recently published an article on secondhand smoke regarding its impact at condominium associations and how it can constitute a nuisance. Since almost every community association’s CC&Rs prohibit noxious activity, this is a fairly common and accessible…
You may be asking what the heck a CC&R Cover Sheet is, as we expect that over time, this requirement has been forgotten. As provided for in amended Government Code Section 12956.1, which has been the law for at least 10 years, California community associations that provide a copy of…
By David C. Swedelson, Esq., Condo and HOA Attorney Recent reports indicate that only 12% of California adults smoke cigarettes. The problem is that they all live in condominiums, or so you would think from all the reports of problems we are receiving relating to complaints from the non-smokers who…
By David Swedelson, Senior Partner, SwedelsonGottlieb Condo Lawyer and HOA Attorney Some condominium and homeowner association residents think that their pet is well trained and does not need to be leashed, and they ignore the association’s rules regarding leashes, believing they do not apply to their well-trained pet. They just…
Blog post by David Swedelson, SwedelsonGottlieb Partner, Condo Lawyer and HOA Attorney Think the court will not award significant attorney’s fees in a breach of CC&Rs case? In Klein v. Nyamathi (Bell Canyon HOA), a recent (unpublished) Court of Appeals Decision, the Nyamathis were found liable to their neighbors at…
View the slideshow presentation prepared by David Swedelson of SwedelsonGottlieb and Diana Wright of Action Property Management for a recent seminar held by the Community Associations Institute – Orange County Regional Chapter.
By David Swedelson, Senior Partner, SwedelsonGottlieb, Condo Lawyer and HOA Attorney We are often asked by boards and managers whether a California condominium or planned development homeowners association (HOA) has the right to have a dog or another pet removed from the association because it violates the association’s governing documents.…
Blog posting by SwedelsonGottlieb Senior Partner David Swedelson, Condo Lawyer and HOA Attorney We have had to deal with our share of unauthorized playhouses in the past. And we have dealt with therapy pets in the past. But a therapy playhouse? Really!? As reported in Community Association Institute’s FastTracks email…
By David C. Swedelson, Senior Partner SwedelsonGottlieb, Condo Lawyer and HOA Attorney We are often asked to include confidentiality clauses in settlement agreements with owners, as the board often wants to avoid other owners hearing that the association settled. The concern is that these other owners will think it is…
Blog posting by David C. Swedelson, Condo lawyer and HOA attorney; Senior Partner SwedelsonGottlieb Amazing story out of Florida involving an attorney/owner of a condominium who asked her condo association to place a trash receptacle in the mail room so she could have a convenient place to dispose of her…