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HOA Law Blog

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CAI Renews Its Call To Action Regarding HAM Radio Broadcasting at Homeowner Associations//Oppose Federal HAM Radio Special Interest Demands to Pre-empt Community Associations’ Guidelines

By David Swedelson, Partner at Swedelson Gottlieb, Community Association Attorneys Federal legislators are still trying to pass new law that would allow HAM radio antenas to be installed at homeowners associations despite any restrictions on same in an association’s CC&Rs. We addressed this in a blog post in September of…

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How Many Cats Does Your HOA/Condo Allow Each Owner To Maintain In Their Unit or Home? Be Prepared For A Change In City Law

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys The Los Angeles Times reports that the Los Angeles City Council is considering an increase in the number of cats that a Los Angeles City resident can own. Seriously? We are often called upon to deal with condo residents that have way…

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SwedelsonGottlieb Associate Cyrus Koochek Receives CAI-OC’s Rising Star Award

On February 6, the Orange County Regional Chapter of Community Associations Institute honored SwedelsonGottlieb’s Associate Attorney Cyrus Koochek with its Rising Star award. The award is given to new members of the chapter in recognition of the member’s volunteer service and commitment to the chapter’s goals. Cyrus served on the…

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Welcoming Our New Attorney – Brian Moreno Joins SwedelsonGottlieb

He is finally here, and we could not be happier. Brian Moreno, already a seasoned community association attorney, has decided to move on from the firm he worked with for the last six years and bring his experience, skills and excellent reputation to SwedelsonGottlieb. Brian enhances the firm’s team of…

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HOA Tells Owners They Cannot Park Their Pickup Truck in Their Own Driveway – Seriously?

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys I was recently made aware of a lawsuit filed in Fayetteville, New York by an HOA against homeowners seeking to restrict them from parking their 2014 Ford F-150 pickup truck in their driveway. The association apparently has CC&Rs that limit parking in…

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Summary of New Legislation Effective January 1, 2015

By Sandra L. Gottlieb and David C. Swedelson, Partners and Community Association Attorneys at SwedelsonGottlieb There was not a lot of new legislation in 2014 impacting California Community Associations, and what changes there were seemed to be focused on dealing with the drought. There were also changes to the law…

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New Law (Effective January 1, 2017) Clarifies Responsibility for Maintenance and Repair of Exclusive Use Common Area

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…

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Legislature Says Homeowners Can Bring Their Attorney to Internal Dispute Resolution (IDR) Meetings (and we all thought that IDR was supposed to be an informal process)

By David Swedelson, Esq. and Cyrus Koochek, Esq.; Community Association Attorneys at SwedelsonGottlieb AB 1738 is new law that amends Civil Code Sections 5910 and 5915 and makes two major changes to the requirements of internal dispute resolution (IDR) meetings held between an association’s board and its members. We opposed…

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New Law Impacting the Installation of Solar Energy Systems Effective January 1, 2015 – Is Your Community Association Prepared?

By the Community Association Attorneys at SwedelsonGottlieb Under Civil Code Section 714, a California community association can restrict its members’ installation and use of solar energy systems so long as the restrictions do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance. “Significantly”…

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Condo/HOA Transfer Document Disclosure Fees: Changes You Need to Know

By the Community Association Attorneys at SwedelsonGottlieb Most associations have provided transfer disclosures/documents to an escrow at some point when an owner is selling his or her unit/home or property in a community association to a prospective purchaser. This task is usually completed by the association’s managing agent. Sections 4528…

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