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…
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…
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…
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…
Community Associations Institute (CAI) reported today that the FHA has released Updated Condo Guidelines addressing many of CAI’s Areas of Concern. CAI issued the following statement (and provided this link for more information). The Federal Housing Administration released a long-awaited revision of its condominium project approval guidelines on September 13th.…
By David C. Swedelson, Esq., Senior Partner at SwedelsonGottlieb, Community Association Attorneys There are certain claims where small claims court may be the appropriate venue, as opposed to superior court. Typically, this includes claims against owners for unpaid assessments, fees and/or fines that do not exceed $5000, which is the…
Blog Post by David Swedelson, Partner SwedelsonGottlieb; Condo lawyer and HOA Attorney According to a blog post on The Maintenance Manager , the FHA may be revising the requirements for FHA approval. Maintenance Manager suggests, quoting the LA Times, that “many HOA boards have not sought approval from the FHA…
By Sandra L. Gottlieb, Esq., Condo and HOA Legal Counsel Detailed minutes can prove troublesome for your association. Minutes are required at any association or board meeting. They serve as a record of the actions and decisions made at a meeting; however, they are not meant to be a transcript…
By SwedelsonGottlieb Associate, Community Association Attorneys We are often asked by California community association board members and managers as to the records members have the right to inspect and copy. One record request that can prove problematic is when a member requests a list of an association’s members. Under Civil…
By David C. Swedelson, Esq., and Ryan D. Barrett, Esq., SwedelsonGottlieb; Condo Lawyers and HOA Attorneys We are often asked if a California condo or homeowners association has the ability to tow vehicles from the association if they are violating the association’s Rules and Regulations. The answer is that an…