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HOA Law Blog

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Is Your Community Association Ready for Electronic Voting?

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…

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California HOAs and Condos Should Expect Court Delays As A Result Of Budget Cuts

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…

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HOW ONE ASSOCIATION’S $30,000 MOLD WATER DAMAGE CLAIM TURNED INTO A $169,000 ARBITRATION AWARD (and why condominium associations should be responsible for waterproofing on balcony decks)

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…

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Condo Association Held Liable for not Addressing Secondhand Smoke Complaints

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…

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California Community Associations May be Liable for Injuries Suffered in Trip and Fall Accidents on City Sidewalks

By David Swedelson, Condo Attorney, HOA Lawyer and Legal Expert at SwedelsonGottlieb There have been a number of articles written over the last few years regarding the fact that municipalities do not have the money or resources to repair sidewalks broken up by tree roots. There had been some programs…

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California Proposed Assembly Bill Would Ban Smoking in Multi-Unit Housing – Condos, Apartments and Duplexes

By David Swedelson, SwedelsonGottlieb Condo Lawyer and HOA Legal Expert According to an article in the Sacramento Bee, “Californians would not be able to smoke tobacco inside their own homes under new legislation that would raise the bar nationwide for fighting secondhand smoke. No state ever has ventured into personal…

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Who is Responsible for Water Runoff, The Upstream or Downstream Owner?

by Sandra L. Gottlieb, Esq., Senior Partner, SwedelsonGottlieb, Community Association Attorneys On occasion, we deal with slope and water runoff issues, as a result of poorly installed drainage or otherwise, between neighboring associations, a sub and a master association, or with owners. We have found that it is a common…

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Newly Proposed Legislation Will Allow Florida HOAs the Ability to Foreclose Quickly if Dues (Assessments) are Unpaid

By David Swedelson, Condo Lawyer and HOA Attorney at SwedelsonGottlieb, Community Association Attorneys Florida State Sen. Alan Hays, R-Umatilla, recently filed a bill that would allow community associations to foreclose quickly on homes or condo units in Florida community associations if the owners have not paid their dues/assessments. The proposed…

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Diarrhea Signs (And Others) Now Required for California Condo and HOA Swimming Pools

By the Community Association Attorneys at SwedelsonGottlieb Have you heard the latest regarding new required pool signage at California community association pools? Our attorneys have been receiving a lot of inquiries about whether a new “poop sign” is required to be posted at community associations that have pools. We have to…

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Assessment Collection Strategies – Not All Attorneys Agree

Clarifications to the 2013 Northern California Law Seminar By SwedelsonGottlieb, California Community Association Attorneys. Attorneys from the law firm SwedelsonGottlieb and Association Lien Services (“ALS”) attended California Association of Community Managers’ (“CACM”) 2013 Northern California Law Seminar in January of 2013. One of the programs dealt with assessment collection strategies. We…

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