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HOA Law Blog

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Register Now – Sandra Gottlieb Is A Speaker at January 15, 2014 CAI Greater Los Angeles Chapter Luncheon Program

Sandra Gottlieb will appear as a co-presenter on the CAI-GLAC’s luncheon program, Trends Update: Hoarders, Board Member Hostility and Controlling Rental Tenants on Wednesday, January 15 at 11:30 a.m. at the Skirball Cultural Center in Los Angeles. Topics include: Hoarders: how long can you ignore them? Hostile Board Members: how…

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New Davis-Stirling Act & Reserve Funding — Updated Law Amounts to New Set of Civil Code References for Reserve Funding Matters

By Robert Nordlund, Association Reserves and David Swedelson, SwedelsonGottlieb The body of statutory law (as opposed to case law) governing California Community Associations, known as the Davis-Stirling Common Interest Development Act, went into effect on January 1, 1986. As the industry developed and matured over the last 27 years, approximately…

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If San Rafael Can Restrict Smoking In Units, So Can Your Condo Association

By David Swedelson, Senior Partner, SwedelsonGottlieb, Community Association Attorneys San Rafael, a city just north of San Francisco, recently made active a smoking ban which prohibits smoking cigarettes inside any dwelling that shares a wall with another unit and this would include condominiums. It is considered the strictest smoking ban…

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Lincoln Fourscore, Gobbledygook 0; For Condo/HOA/Stock Coop Board Members and Managers, Choosing the Right Words Can Make The Difference

By David Swedelson, Attorney, Partner at SwedelsonGottlieb, Community Association Attorney/Writer/Blogger How clear is your writing? Do you spend time editing to make sure that your message is clear and concise? Are your communications rambling? Sometimes community association managers or board members think that writing in legalese will impress their attorneys.…

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Delinquent HOA Owner Files A Chapter 13 Bankruptcy That Is Converted To A Chapter 7; In a Converted Bankruptcy, Which Date Controls, the Filing Date or the Conversion Date?

By SwedelsonGottlieb, Community Association Attorneys At some point, just about every community association will have a delinquent owner who files for bankruptcy. And while a bankruptcy filing is often interpreted as meaning that the debt has become uncollectable, it does not necessarily mean the end of the road for creditors, especially…

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When Fido Goes Rogue: How Does Your HOA Deal With Dangerous Dogs?

By David Swedelson, Condo Lawyer, HOA Attorney, Partner at SwedelsonGottlieb, and Dog/Pet Lover According to an article in the Tuesday, November 5, 2013 edition of the Los Angeles Times (follow this link for the article), Orange County supervisors are debating a proposal to create a website showing where every dangerous…

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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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