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HOA Law Blog

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The Delinquent HOA Owner Filed a Chapter 7 – Is it an “Asset” Bankruptcy or a “No Asset” Bankruptcy?

By SwedelsonGottlieb, Community Association Attorneys As you likely know, there are different types of bankruptcies that an individual can file. Typically, we see delinquent owners file either a Chapter 13 bankruptcy seeking to readjust their debts, or a Chapter 7 bankruptcy where the owner is seeking to liquidate their assets and…

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Can Your Condo Association Be Sued For Failure to Obtain FHA Certification? Maybe! Be Sure To Document The Board’s Decision

By David Swedelson and Sandra Gottlieb, Senior Partners at SwedelsonGottlieb, Community Association Attorneys We are often asked if a condo or homeowners association is required to obtain FHA certification. And unless the CC&Rs make such a requirement (most do not), we generally respond with a resounding “NO!” But what has…

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Liability and the Service-Oriented Manager/Association

By Sandra Gottlieb, Esq., Swedelson Gottlieb, Community Association Attorneys We recently attended a very informative program put on by Community Association Institute’s Greater Los Angeles Chapter titled The Service-Oriented Manager, and we were reflecting on all of the amazing services that many community managers provide for their community association owners…

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Governor signs Senate Bill 298 Into Law; Unusual Legislation Giving Orange County (California) Community Associations The Ability To Contract For Services With Local Law Enforcement

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys SB 298, which adds Section 53069.81 to the Government Code, is an unusual piece of legislation that provides community associations in one county of California with the ability to contract with local law enforcement agencies to provide Vehicle Code enforcement services…

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Your HOA Needs To Involve Corporate Counsel In Lawsuit Handled By Insurance Defense Attorneys

By David C. Swedelson, Esq., Senior Partner at SwedelsonGottlieb, Condo Lawyers and HOA Attorneys Consider the following, a somewhat typical scenario: your association has been sued by an owner who claims the board failed to maintain the common area that resulted in water leaking into that homeowner’s unit, causing damage.…

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SB 822 Signed Into Law, Confirming Managers Are Not “Contractors” or “Consultants”

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys In 2012, many managers were concerned when the California legislature enacted AB 2237, amending Business and Professions (B&P) Code Section 7026.1 relating to contractors, which became effective at the beginning of this year. The amendments to AB 2237 mandated required “consultants”…

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Southern California Management Company Owner and Employee Arrested — Embezzlement and Community Associations: Do Not Let It Happen To Your Association

By David Swedelson and Sandra Gottlieb, Senior Partners at SwedelsonGottlieb, Community Association Attorneys Unfortunately, there is fraud and embezzlement being committed at community associations throughout California as well as across the country every day. We have written about this issue in the past; follow this link to an article we…

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California Community Associations May Be Required to Provide the Owners Email Addresses As Part of An Owner’s Request for Owner Contact Information

By David Swedelson, Partner at SwedelsonGottlieb, Condo Lawyer and HOA Attorney Disgruntled homeowner association members often want to share their “issues” with the other owners hoping to garner sympathy. They ask for the names and addresses for all owners, which the association will likely have to provide. But more and…

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