By David Swedelson, SwedelsonGottlieb, Community Association Attorneys Is your condo association exclusively a commercial or industrial development? Surprise — as of January 1, 2014, the Davis-Stirling Act no longer applies to your association. Your association is now regulated by the new Commercial and Industrial Common Interest Development Act (CICIDA), Civil…
HOA Law Blog
California Community Associations are Increasingly a Target for Wage & Hour Lawsuits
By Sandra L. Gottlieb, Managing Partner at SwedelsonGottlieb, Community Association Attorneys Wage & hour lawsuits are being filed with increasing regularity, and community associations, as employers, are not exempt. Unfortunately, some of our association clients have already been sued on wage and hour claims, and it appears that the risk…
Is Your Community Association Complying With the Law Relating to Minimum Wage and Heat Illness Periods?
By David Swedelson, Senior Partner at SwedelsonGottlieb, Community Association Attorneys We know that most of you are likely overwhelmed with the new Davis-Stirling Act. But there was other new legislation that impacts many California community associations. Minimum Wage For example, we know that many of you employ minimum wage workers,…
A Fine Change in the Law That all Boards Must Acknowledge
By Cyrus Koochek and David Swedelson, Community Association Attorneys, SwedelsonGottlieb It is a fact of community association governance that at some point, every community association board of directors will likely have the need to levy a fine on a member. Most associations have adopted a schedule of monetary penalties or…
New Davis-Stirling Act Reemphasizes Common Area Reimbursement Assessments
By David Swedelson and Cyrus Koochek, Community Association Attorneys at SwedelsonGottlieb Many California condominium and homeowner associations’ CC&Rs permit the Board of Directors, on behalf of an association, to impose a reimbursement assessment/monetary charge on a member for the cost of repairing damage caused by a member (or the member’s…
Temporary Relocation: New Davis-Stirling Act Makes It Clear That Owners Pay Their Own Expenses
By David Swedelson and Cyrus Koochek, Community Association Attorneys at SwedelsonGottlieb Since the old Davis-Stirling Act was made into law in 1985, there has been a small debate over whether an owner or their association is responsible for temporary relocation costs incurred when owners in a common interest development are…
Happy New Year – Are You Ready For The New Davis–Stirling Act?
From all of us at SwedelsonGottlieb, we hope you have had a joyous holiday season, and we wish you much success in the New Year! Knowing that one of your New Year’s Resolutions is to learn and understand the new Davis-Stirling Common Interest Development Act (and if you are unsure…
Hawaii Couple To Receive $1.2M Condo Settlement In Lawsuit Against The Board For Retaliation
Blog article by David Swedelson, California Condo Lawyer and HOA Attorney, Partner at SwedelsonGottlieb, Community Association Attorneys In March of 2012, we reported on a lawsuit in Hawaii where the jury awarded $3.87 Million to a couple of condo owners In Molokai. Follow this link to read our March 27,…
The New American Dream: Condos Replace Single-Family Home Ownership
By David Swedelson, Senior Partner, SwedelsonGottlieb, Community Association Attorneys In the last year, prices for detached single-family dwellings have skyrocketed in Los Angeles. “A single-family house with a backyard is . . . a luxury,” mourned a 34-year-old financial analyst. No wonder “Southland Buyers Shift to Condos,” as an article…
Memo To Board Re: 2013 Holiday Party Legal Issues
MEMORANDUM Confidential Attorney Client Privileged Communication/Not For Distribution From: SwedelsonGottlieb, Association Legal Counsel To: Happy Holidays Homeowners Association Re: 2013 Holiday Party Legal Issues We are reporting our preliminary findings following the events that unfolded at the Association’s mandatory Holiday Party last week. We report the following pending matters…