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…
HOA Law Blog
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.…
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”…
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…
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…
Construction Defects and the SB800 Process
By David Swedelson, Partner at SwedelsonGottlieb, Condo Lawyer and HOA Attorney You may have heard an attorney refer to the “SB800 process” and not really understood what it was all about. SB800 refers to a California Senate Bill that became law about ten years ago, requiring and setting out a…
Purchasers of Condominiums in San Diego’s Mixed Use Hard Rock Hotel May Not Sue for Securities Violations
By David Swedelson, Senior Partner SwedelsonGottlieb, Condo Lawyer and HOA Attorney The Court of Appeal recently came down with a decision regarding a lawsuit filed by several condominium owners who bought units in the Hard Rock Hotel San Diego, a mixed-use development with 420 condominium units. The Court of Appeal’s…
Residential Real Estate Industry: Lessons From the Recession
By David Swedelson, Senior Partner at SwedelsonGottlieb, Community Association Attorneys, Condo Lawyer and HOA Attorney I recently read with interest an article prepared by an attorney that represents developers with the title “Residential Real Estate: Lessons From The Recession” written by attorney Nancy Scull, who represents developers. Her article commented…
Service and Companion Animals – ADA v. Fair Housing Requirements
Blog post by SwedelsonGottlieb, California Community Association Attorneys Many of our clients have been confronted with issues relating to service and companion animals at homeowners associations. Typically, the question is whether those animals are permitted to remain at the association (typically condo or stock cooperative associations) even if this would…
Options for Dealing With Older Condo Residents Who are Unable to Care for Themselves
By David Swedelson and Sandra Gottlieb, Condo Lawyers and HOA Attorneys, Senior Partners at SwedelsonGottlieb You may not have noticed this, but it is a fact that the United States has a large and growing population of senior citizens. Between 2000 and 2050, The number of older people is projected…