By Sandra L. Gottlieb, Esq., SwedelsonGottlieb Managing Partner; Community Association Legal Counsel In 2002, the California Law Revision Commission (CLRC) was charged by then-Governor Gray Davis with clarifying ambiguities within the Davis-Stirling Act. (Civil Code Sections 1350-1378) to make it more “user-friendly” for homeowners and board members alike. After working…
(a) The following provisions do not apply to a common interest development that is limited to industrial or commercial uses by zoning or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which the common interest development is located:…
(a) The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall, as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract therefor, as defined in Section…
1368.2. The form for billing disclosures required by Section 1368 shall be in substantially the following form and in at least 10-point type: Follow this link to download the required form.
• Yan Sui v. Price (2011) 196 Cal. App. 4th 933 – A California Court of Appeal upheld a board’s adoption of a rule prohibiting inoperable vehicles. – Plaintiff alleged discrimination on the basis that he was the only homeowner that had an inoperable vehicle. – Plaintiff alleged the rule…
(a) The articles of incorporation of a common interest development association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of purposes of the corporation, that does all of the following: (1) Identifies the corporation as an association formed to manage…
Blog Post by David Swedelson and Sandra Gottlieb, Senior Partners at SwedelsonGottlieb; Condo Lawyers and HOA Attorneys SB 559 goes into effect on January 1, 2012 and expands the prohibited bases of discrimination under the Unruh Civil Rights Act and the California Fair Employment and Housing Act (FEHA) to include…
Blog post by David C. Swedelson, California Condo Lawyer and HOA/ Community Association Attorney We regularly handle cases where the owner has sued the association as a defense to their association’s claims against them. These cases sometimes go to trial as efforts to settle are not successful, and more often…
By Sandra L. Gottlieb Condo Lawyer and Community Association Attorney at SwedelsonGottlieb It is a sign of the times that an association’s board of directors has to consider and consult with association legal counsel on the association’s responsibilities with respect to an owner’s separate interest unit or lot to which…
By David Swedelson and Alyssa Klausner, Attorneys at SwedelsonGottlieb, Condo Lawyers and HOA Attorneys When a delinquent owner files for bankruptcy relief by filing a petition under either Chapter 7 or Chapter 13 of the United States Bankruptcy Code, the Code provides that an automatic stay, subject to certain exceptions,…