• 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,…
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…
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…
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…
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…