Did you Know? California Senate Bill 900, which was signed into law in September 2024, has brought significant changes to the California Civil Code by amending Sections 4775 and 5610(c). Under the updated Section 4775, unless otherwise specified in an association’s declaration, the association is now responsible for repairs and…
By David C. Swedelson, Community Association Attorney at SwedelsonGottlieb Many California community association’s CC&Rs, particularly those in older communities, do not clearly state who is responsible for the repair or replacement of exclusive use common area. This typically relates to the waterproofing of patios and balconies at most condo associations.…
By David Swedelson, Partner at SwedelsonGottlieb, California Community Association Attorneys Your community association prides itself on how beautiful and well maintained the common area is. But the owner of the neighboring apartment/condominium/home/property is from Planet “Who Cares”. The fence that borders your property is an eyesore, and the neighboring property…
By David Swedelson, Partner and Community Association Attorney at SwedelsonGottlieb Since the inception of the Davis-Stirling Act in 1985, there has been confusion regarding owner vs. association responsibility for the repair or replacement of exclusive use common area. AB 968, legislation sponsored by the Educational Community for Homeowners (ECHO), signed…
By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys An article in the LA Times tells us that the City of Los Angeles is facing an interesting dilemma; one that we find is often faced by California community associations. The City’s sidewalks are in terrible shape, broken up by tree roots.…
By SwedelsonGottlieb, Community Association Attorneys What exactly is a bedbug? Bedbugs are insects. They are reddish brown, oval and flat, about the size of an apple seed. Decades ago, bedbugs were eradicated from most developed nations using dichlorodiphenyltrichloroethane (commonly known as DDT) – a pesticide that has since been banned because…
Blog post by David Swedelson, Condo Lawyer, HOA Attorney and head of SwedelsonGottlieb’s Litigation Team Over the years a number of our condo and homeowner association clients have suffered the loss of homes or units as a result of fires. Some of these fires resulted from smoking in bed, a…
By David Swedelson, Condo Attorney, HOA Lawyer and Legal Expert at SwedelsonGottlieb There have been a number of articles written over the last few years regarding the fact that municipalities do not have the money or resources to repair sidewalks broken up by tree roots. There had been some programs…
Blog Article by David Swedelson, SwedelsonGottlieb Senior Partner, Condo Lawyer and Community Association Attorney Resulting in one of the most important common interest development cases decided by the California Supreme Court, Mrs. Gertrude Lamden disagreed with her homeowners association’s board’s decision to address a termite problem by spot treating the…
By David Swedelson, California Condo Attorney and HOA Lawyer, Partner SwedelsonGottlieb, Community Association Attorneys Many community associations continue to suffer from delinquent assessments; many owners are still living in their units or homes not having paid their lender/bank or their association assessments for 2 to 3 years. Many associations are…