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HOA Law Blog

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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…

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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…

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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…

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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…

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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,…

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Attorney Owner Wins Condo Association Wastebasket War, Uses $201K Check to Pay Off Mortgage

Blog posting by David C. Swedelson, Condo lawyer and HOA attorney; Senior Partner SwedelsonGottlieb Amazing story out of Florida involving an attorney/owner of a condominium who asked her condo association to place a trash receptacle in the mail room so she could have a convenient place to dispose of her…

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Building Inspector Jailed for Taking Bribes

Blog post from David C. Swedelson, Condo Lawyer, HOA Attorney and Senior partner SwedelsonGottlieb We are often asked how a building contractor’s poor workmanship was approved by the City’s inspector from the Department of Building and Safety. Now we know one reason; some inspectors are taking bribes to look the…

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Record The Trustee’s Deed Upon Sale ASAP; Too Bad The Legislature Did Not Consider These Consequences Before Requiring A 90 Day Post Foreclosure Sale Redemption Period

By David Swedelson, Condo lawyer / HOA and Community Association Attorney; Partner, SwedelsonGottlieb It has been assumed by many that if a California community association holds its foreclosure sale (as part of the assessment collection process) and after the sale the delinquent owner files bankruptcy, that the bankruptcy did not…

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Governor Signs AB 771 (Butler) Into Law Requiring Associations to Itemize and Disclose Fees Charged For Documents To Be Provided to Buyer in Escrow

Assembly Bill 771 (Betsy Butler), which amends Civil Code Section 1368 regarding documents to be provided the buyer in an escrow, was sponsored by the California Association of Realtors and initially sought to place a cap on fees that may be charged by management companies and others who provide documents…

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