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.…
HOA Law Blog
What You Need to Know About Small Claims Court
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…
Could Relief for Condo Associations that Seek FHA Approval Be Coming?
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…
The “Art” of Taking Minutes at Your Association’s Meeting
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…
Condo/HOA Owners Opting Out Of Having Their Name/Address Provided To Other Owners
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…
Can the Board Have Vehicles Towed if They are in Violation of the Rules? Maybe. It’s Complicated.
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…
What the Heck is Directors and Officers (D and O) Liability Insurance and Why is it so Important? A Primer on Board Member and Officer Liability Exposure
By David Swedelson, Esq., Senior Partner at SwedelsonGottlieb, Community Association Attorneys Directors and officers of an association are volunteers with enormous responsibilities, who put in countless hours to better their communities. Though directors and officers are appreciated by most of the community, they are sometimes blamed for their decisions and…
Smoke Free Housing Toolkit
Blog Post by David Swedelson I recently spoke at a program on secondhand smoke issues at California community associations. And I posted an article that dealt with second hand smoke and how condo and HOA associations can deal with the issue, The Smoker Next Door: Secondhand Smoke + Condominiums =…
Common Scents Often Become A Condo Issue
Blog post by David Swedelson We hear these types of complaints all the time. While secondhand cigarette, pipe or marijuana smoke are the biggest sources of complaints, we are often asked to help associations deal with smells from other sources including cleaning products, paint and lack of ventilation, food and…
Is a Provision In a California Community Association’s CC&Rs Requiring That Construction Defect Claims Against The Developer Be Adjudicated Via Binding Arbitration Unconscionable And Therefore Unenforceable? Yes Says the Court Of Appeal
By David Swedelson, Partner, SwedelsonGottlieb So here is the question. Is a provision in the CC&Rs requiring that an association submit claims against the developer for construction defects to binding arbitration unconscionable and therefore unenforceable? This is what the Court of Appeal found in the Pinnacle case, holding that such…