We are often asked if a California condominium or homeowners association has the authority to tow vehicles from the association if the vehicle is parked in violation of the association’s Rules and Regulations. The answer is that an association has the right and authority to tow vehicles, assuming that the…
HOA Law Blog
Holiday Decorations; ‘Tis the Season to Be Tolerant
The holidays are just around the corner, and it’s time for community association boards to start getting ready to address issues connected with holiday decorations. What kinds of limits should be placed on holiday decorations? How do you implement holiday rules and regulations? All that and more questions are answered…
Changes To The Davis-Stirling Act Cannot Be Implemented Until 2014
by Sandra L. Gottlieb, Esq., Senior Partner at SwedelsonGottlieb, Community Association Attorneys As most everyone in the community association industry knows (or should know), on August 17, 2012 California Governor Jerry Brown signed into law Assembly Bill (“AB”) 805 which reorganizes and makes significant changes to the Davis-Stirling Common Interest…
SwedelsonGottlieb 2012-2013 Annual Disclosure Checklist
This is a busy time of year for community association managers and board members. For those associations whose fiscal year runs from January to December, and most do, it is budget time. But in addition to the budget, there are a number of other disclosure documents and notices that California…
Distribute Budget Packages and Most Annual Financial Disclosures Electronically
By David Swedelson, Senior Partner, SwedelsonGottlieb; Condo Lawyer and HOA Attorney Apparently there are many of you out there that are not aware that as of January 2010, California community associations are permitted by law to distribute budget packages and most annual disclosure documents to owners electronically so long as…
Unexplained Noise Issues in Condominiums – Is Your Condominium Association Haunted?
Blog post by David Swedelson, Senior Partner at SwedelsonGottlieb, Condo lawyer and Community Association Attorney Okay, it is Halloween. I have been representing condominium associations for 30 years and have never heard of one that is haunted, at least not with goblins and ghosts. But apparently there are some where…
Neither a Community Association Nor its Management Have Liability under the Federal Fair Debt Collections Practices Act
By David C. Swedelson, Senior Partner at SwedelsonGottlieb; Condo lawyer and HOA attorney We have had to extricate several of our community association clients (and often their management as well) from claims or lawsuits relating to the federal Fair Debt Collections Practices Act (FDCPA). It is well settled law that…
New Smoking Law Affects All Santa Monica Condos
Blog post by David Swedelson, Partner SwedelsonGottlieb Santa Monica has passed a law with new smoking rules that affect all multi-unit housing, and that includes condominiums. Follow this link to review the new municipal code. Follow this link to review a related notice from the City of Santa Monica. What…
Property Owner Wins Lengthy Turf War; Judge Titles Order: “Anatomy of An HOA Dispute Run Amok”
By David Swedelson, Partner SwedelsonGottlieb; Condo Attorney and HOA Lawyer A CC&R dispute that started 11 years ago over the condition of a Tampa Florida homeowner’s lawn, a lawsuit that involved dozens of court hearings, a weeklong jury trial, two appeals and a second trial, at a cost of hundreds…
What the Heck is a Default Judgment?
By David Swedelson, Partner, SwedelsonGottlieb, Condo Lawyer and HOA Attorney California community associations have been filing a lot of lawsuits the last three or so years attempting to collect delinquent assessments. Usually, these lawsuits are filed against owners that have lost their homes to their lender in foreclosure, wiping out…