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Successfully Maneuvering Through Post Foreclosure Evictions and Rentals

By Sandra Gottlieb and Cyrus Koochek, SwedelsonGottlieb, Community Association Attorneys Many California condominium and homeowner associations end up with units and homes after foreclosing on assessment liens with no third-party bidders at the foreclosure sales. With increased equity, we are seeing more third-party bidders at sales. But that still leaves…

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Does Your Condo/HOA Board Undertake “Due Diligence”?

David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys We community association attorneys are fond of telling boards of directors that they need to “do their due diligence” before making important decisions, especially those that may have a lasting impact on their associations. That being said, just how many board members actually…

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Nevada Supreme Court Rules that Super Priority Lien Extinguishes First Deed of Trust; Too Bad California Does NOT Have Super Liens

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys The Nevada Supreme Court recently ruled that a super priority lien held by a Nevada homeowners association can extinguish a first deed of trust on a property. The Court stated: “With limited exceptions, this lien is ‘prior to all – other liens…

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Say No to the Amateur Radio Parity Act at Condominium and Homeowner Associations; Support CAI’s Call To Action

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys Growing up, there was a home in our neighborhood that had a massive radio antenna, much like the one in the photograph that is part of this blog post. As a kid, I was fascinated by the antenna. It was so big.…

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LA City Council Adopts System of Fines For Minor “Quality of Life” Crimes; Too Bad Your Condo/HOA Cannot Follow The Same Procedure

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys The LA Times reports that the Los Angeles City Council has adopted a new system that allows police officers to issue citations for minor “quality of life” crimes that would typically be resolved with a warning. Read the article here. According to…

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Oppose AB 1738 So We HOA Lawyers Don’t Make More Money; IDR Should Be An Informal Dispute Resolution Process

Who said you can’t trust lawyers? You can certainly trust SwedelsonGottlieb, as we are actively opposing proposed new legislation that would make us more money, AB 1738. This bill concerning internal dispute resolution (IDR) in common interest developments (Civil Code Sections 5900-5920) was recently passed by the the California State…

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40 Foot Hedge View Obstruction Dispute Between Condo Owner and Neighboring Property Owner Going to Trial

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys We deal with a lot of view obstruction disputes. We are able to resolve most of these disputes, as they are subject to CC&Rs which set out what view is protected. And the CC&Rs and the Civil Code provide that the prevailing…

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Homeowner Apathy, Quorum and Prizes to Get Owners to Vote

By: David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys It is an old problem. Many California community associations cannot motivate their owners to participate or even vote at association elections. We have had clients that have been unable to obtain a quorum for director elections for more than 20 years.…

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Another California City to Ban Smoking in Condominiums – What is Your Association Waiting For?

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys I was alerted to a proposed smoking ban in apartments and condominiums by the City Council in Culver City, California. Follow this link to read an article from the Culver City Observer that tells us that the City Council directed the City…

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Community Associations, Like the City of Los Angeles, Face Difficult Questions: Who Pays To Fix Broken Sidewalks And Other Common Area Components?

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.…

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