By David Swedelson, Condo Lawyer and HOA Attorney, Partner, SwedelsonGottlieb, Community Association Attorneys A pipe, window or some other element of the common area leaks or breaks, and a condo association board decides that it is exclusive use common area and the unit owner’s repair and/or replacement responsibility, as it…
By David Swedelson, Condo Lawyer and HOA Attorney; Senior Partner at SwedelsonGottlieb, Community Association Attorneys Every condo or homeowners association has one, that one owner that does not follow the rules, violates the CC&Rs, creates a nuisance or worse. The “bad” owner, the one that does not belong in a…
Blog post by David Swedelson, Condo Lawyer and HOA Lawyer; Senior Partner at SwedelsonGottlieb, Community Association Attorneys I recently read an interesting article in the newspaper regarding structural defects. The article entitled “Home Structural Defects Are Rare But Can Be Costly” provides good advice for both homeowners and condo owners…
By Joan Lewis-Heard, Community Association Attorney/Litagator; Edited by David Swedelson, Senior Partner at SwedelsonGottlieb. So, your condo or homeowners association foreclosed on an assessment lien and is unfortunately the owner of a unit or home at the association. Not what the association wanted, but a reality as a result of…
Blog post by David Swedelson, Condo Lawyer, HOA Attorney and head of SwedelsonGottlieb’s Litigation Team Over the years a number of our condo and homeowner association clients have suffered the loss of homes or units as a result of fires. Some of these fires resulted from smoking in bed, a…
By Sandra L.Gottlieb, Condo Lawyer and HOA Legal Expert, Senior and Managing Partner at SwedelsonGottlieb, Community Association Attorneys We are often called upon to assist boards of directors with the termination of an association employee. All too often, however, we are called too late, after the board or manager has…
Blog post by David Swedelson, Condo Lawyer and HOA Attorney, Senior Partner at SwedelsonGottlieb CAI’s California Legislative Action Committee announced this week that it is sponsoring a bill that was introduced into the California Assembly, authored by assembly member Norma Torres, that would make electronic balloting or voting an option…
Blog post by David Swedelson, Condo Lawyer, HOA Attorney and head of SwedelsonGottlieb’s Litigation Team Please do not blame your attorney (at least none of the attorneys at SwedelsonGottlieb), but it is likely that any lawsuits that your community association may file will likely take longer to litigate than in…
By David Swedelson, Condo Lawyer and HOA Attorney; Partner at SwedelsonGottlieb, Community Association Attorneys I know that many condominium association boards of directors contemplate the idea of making owners responsible for the waterproofing on the balconies or decks in condominiums (and yes, generally the association is responsible for repairing or…
By David Swedelson, Condo Lawyer and HOA Attorney; Partner at SwedelsonGottlieb, Community Association Attorneys Think your condo association has no obligation to address secondhand smoking nuisance complaints? Think again. The Orange County Register reports that an Orange County jury has found a homeowners association negligent and in breach of the…