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Articles Posted in Davis-Stirling Act

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NEW LAWS EFFECTIVE JANUARY 2023 and OTHER RECENT CHANGES IN THE LAW IMPACTING COMMUNITY/HOMEOWNERS ASSOCIATIONS

By: The Attorneys at SwedelsonGottlieb As it does just about every year, the California Legislature has made changes to the law impacting community association’s statewide. This article covers those changes effective January 1, 2023 and other recent changes in the law that are worthy of being mentioned, as they may…

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Did You Know? SB 432 Corrects Problems with Recall Elections Created by SB 323

When SB 323 took effect on January 1, 2020, it greatly modified the Davis-Stirling Common Interest Development Act’s election procedures, including timelines for conducting an election. In the process, it inadvertently created a conflict in the law regarding recall elections that community associations have been struggling with ever since.  …

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SwedelsonGottlieb Publishes Its 2021 – 2022 Disclosure And Notice Checklist

It is fall, and for most California community associations, it is budget season and boards and managers are in the process of preparing budgets for the 2022 fiscal year. Along with the next fiscal year’s budget, boards and managers need to be thinking of all of the disclosures that California…

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Banner Banners on the Condo Board-If You Want To Fly the American Flag at Your Home, It May Depend On Where You Live//Civil Code § 4705 – Display of United States Flag

By David Swedelson, Esq. Partner and Community Association Attorney at SwedelsonGottlieb Today, June 14th is Flag Day. So, why not a blog post on flags. I was forwarded an article on flying the American flag at community associations that appeared in the Wall Street Journal which motivated this blog post.…

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Voter and Candidate Suppression; It May (Also) Be An HOA Issue and the Reasons Behind 2019’s SB 323

By David Swedelson, Senior Partner and Community Association Attorney at SwedelsonGottlieb I first heard about voter suppression in law school, where I learned that the United States has a long tradition of threatening voter access. I thought it was a thing of the past. But I have been surprised by…

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THE LAST ROUNDUP? Civil Code §4777(b) Mandates Strict Notice Requirements for Use of Pesticides/Herbicides

From the Community Association Attorneys at SwedelsonGottlieb When community associations decide to have chemical pesticides or weed-killing herbicides such as Roundup applied, they must provide detailed, written advance notice to homeowners and residents. Pursuant to Civil Code §4777(b), “an association or its authorized agent that applies any pesticide to a…

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Miami Condo Association Tells 86 Year Old Owner to Take Down His Black Lives Matter Signs; In California We Have Civil Code § 4710

By David Swedelson, Community Association Attorney at SwedelsonGottlieb Interesting story out of Florida About an 86-year-old owner who wanted to do something to show his support for the black lives matter movement. He wanted to stand in solidarity with those that are protesting to protect black lives, so, with the…

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Proposed Senate Bill (SB) 323 (Wieckowski) Eliminates Qualifications For Serving On The Board and Changes The Law On California Community Association Elections; It Is Not the Right Solution

Prepared by the Community Association Attorneys at SwedelsonGottlieb Senate Bill 323, proposed new law that would impact how California community association conduct elections, was approved by the Senate and Assembly was presented to Governor Newsom for his signature. This proposed legislation will impact and change the procedural requirements for most…

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AB 2912 Fraud and Embezzlement//Fidelity Bonds & Financial Review

From the Community Association Attorneys at SwedelsonGottlieb It is no secret that community associations are often targets for embezzlement. But they are not alone. Newspaper articles tell us that it happens to various types of businesses and organizations, even attorneys and lawyer/bar organizations. Fraud and embezzlement seems more likely to…

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