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HOA Law Blog

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Fair Housing and ADA — Dealing With The Legal Rights of Disabled Condo and HOA Residents

By David Swedelson, SwedelsonGottlieb Senior/Founding Partner Unless you have been sleeping with Rip Van Winkel for 20+ years (and if you have been, then maybe you have a disability), you are likely aware that there are a number of laws that deal with the rights of disabled individuals to be…

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David Swedelson Quoted in CAI National’s New Issue of Common Ground

At https://www.hoalawblog.com, David Swedelson has posted numerous articles on efforts by condominium associations to ban smoking in common areas, exclusive use common areas and even within units. (See our prior posts here, here and here.) The national chapter of Community Associations Institute recently published some additional comments from David in…

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HOA Rights and Obligations After the Foreclosure Sale; Rent Skimming and Repairs During The Redemption Period

By Sandra L. Gottlieb, Esq., HOA and Condo Attorneys Attorneys from the law firm SwedelsonGottlieb and Association Lien Services (ALS) attended Community Associations Institute Orange County Chapter’s (CAI-OC) Educational Luncheon on January 15, 2013 dealing with a California community associations’ rights and obligations following an HOA’s lien foreclosure sale. We…

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Homeowner Evicted For Not Paying His Association’s Assessments

Blog post by David Swedelson, Condo Attorney and HOA lawyer; Senior Partner at SwedelsonGottlieb, Community Association Attorneys Under California law, a condo or homeowners association has the right to foreclose on an owner’s interest in their condominium or property if they fail to pay the assessments or fees that are…

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2012 Case Law Affecting California Community Associations

Each year, there are a number of cases, Court of Appeal or California Supreme Court decisions involving California community associations. These are cases that we lawyers rely upon. Last year (2012), there were several important cases that are important for community association managers and board members to know about. The…

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Rental Restrictions: An International Issue

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys The Los Angeles Times reports (on January 1, 2013) that as a result of government imposed fees on investors that do not reside in their apartments (we assume condos) or buy to flip them, in Hong Kong real estate investors are scrambling…

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Exemptions from Rental Restrictions; Not All Transfers Apply

By Sandra L. Gottlieb, Senior Partner and Community Association Attorney at SwedelsonGottlieb California Civil Code Section 1360.2 went into effect on January 1, 2012, a little over one year ago, and states that any new provision in a governing document or an amendment to a governing document that prohibits the rental…

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Family Day Care Homes Can Operate Within California Community Associations—So Long As They Follow The Law

By Sandra L. Gottlieb, Esq. Senior Partner at SwedelsonGottlieb, Community Association Attorneys Did you know that California community associations are required to allow an owner to operate a “family day care home” within their unit or lot at an association and that the day care can have up to 14…

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What the Heck Is A Power of Attorney And How Does It Work For Board Meetings?

Blog article by David C. Swedelson, Esq. On occasion, a director will seek to appoint another person to attend board meetings on their behalf (and make board decisions and vote as if they were a board member), or a homeowner’s friend or relative will attend the homeowners forum and attempt…

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The Ins and Outs of Executive Committees

Blog Post by David Swedelson, Founding Partner SwedelsonGottlieb Recent amendments to the Davis-Stirling Act have made it challenging for community association boards of directors to “deal” with important Association business. Don’t know what I’m talking about? As of January 1, 2012, the California Legislature has imposed a prohibition on Boards…

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