Close

HOA Law Blog

Updated:

Judge Rules That Transfer Fees to Original Developer Not Enforceable pursuant to California Civil Code Sections 1098 and 1098.5

Blog post/article by David Swedelson, Senior Partner SwedelsonGottlieb, Condo Lawyer and HOA Attorney The Daily Journal reports that Los Angeles County Superior Court Judge Madden recently ruled on the monthly fee that owners at Marina Pacifica Homeowners Association (located in Long Beach, California) paid to a developer. The Judge found…

Updated:

Another Flag Story—This Should Not Happen Under California Law

Some community association boards of directors just do not use common sense. This story was reported by Newsy, a video news source. A retired New York City police officer who rescued people on September 11th is apparently being told by his Florida homeowners’ association he cannot fly two flags, just…

Updated:

California Enacts New Employment Laws Impacting Community Associations And Management Companies

By David Swedelson and Sandra Gottlieb, Condo Lawyers and HOA Attorneys, Senior Partners at SwedelsonGottlieb On October 9, 2011, Governor Brown signed into law several new bills impacting California community associations as well as their managing agents who are employers. These new laws include the imposition of penalties for “willfully…

Updated:

Confidentiality Agreements; Are They Enforceable?

By David C. Swedelson, Senior Partner SwedelsonGottlieb, Condo Lawyer and HOA Attorney We are often asked to include confidentiality clauses in settlement agreements with owners, as the board often wants to avoid other owners hearing that the association settled. The concern is that these other owners will think it is…

Updated:

Are California Homeowner Associations Required to Create Reserve Accounts?

By David Swedelson, senior partner, SwedelsonGottlieb, California condo lawyer and HOA attorney “Homeowner Associations Are Not Required to Create Reserve Accounts?” This was the title of a recent Los Angeles Times column on community association law written by two individuals who I do not believe are really community association legal…

Updated:

It’s November. What Are You Doing About Year-End Disclosures?

By David C. Swedelson and Sandra L. Gottlieb, California Condo Lawyers and HOA Attorneys It’s fall, and that means that most community association board members and management are busy finalizing their budgets (this applies to most community associations that have a calendar fiscal year). Unlike the old days, the budget…

Updated:

Lien Priority Explained – Who Gets Paid After A Foreclosure

By SwedelsonGottlieb, Community Association Attorneys We have all heard the terms “Senior Lien”, “Junior Lien”, “First Mortgage”, “Second Trust Deed” and whatever other variations of those terms are out there. Here we are going to explain exactly what those terms mean and how they relate to a foreclosure action. A…

Updated:

New Law—Independent Contractors: Willful Misclassification SB 459 Corbett

By Sandra Gottlieb, Senior Partner SwedelsonGottlieb; Condo Lawyer and HOA Attorney We know that there is a tendency to classify some condo and HOA staff as independent contractors rather then employees. Some community association boards want to do this because they think that such a classification will mean that their…

Updated:

New FHA Certification Rules Make Compliance Difficult

By David C. Swedelson, Senior Partner SwedelsonGottlieb, California Condo Lawyer and HOA attorney Interesting article in the October 23, 2011 edition of the Los Angeles Times regarding recent rule revisions by the Federal Housing Administration (FHA). Follow this link to read the article. We have been reporting on this issue,…

Contact Us