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How Does Fraud Take Hold In A Private Residential Community?

By David Swedelson, Senior Partner at SwedelsonGottlieb, Condo Attorney and HOA Lawyer I came across an interesting article with this title written by fellow community association attorney, Donna DiMaggio Berger, who practices in Florida. As Donna states in her article, “fraud is certainly nothing new but in today’s troubling economic…

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Short Sale: Words That Should Strike Fear, or The Good Alternative to Foreclosure? You Decide

By David C. Swedelson and Sandra L. Gottlieb, Condo and HOA Legal Experts, Community Association Attorneys As we maneuver our way through the end of this recession, the words “short sale” are being bandied about more than at any other time that we can remember. Lenders are apparently more receptive…

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How One Association’s $30,000 Mold Water Damage Claim Turned into a $169,000 Arbitration Award

(and why condominium associations should be responsible for waterproofing on balcony decks) By David C. Swedelson, Condo Lawyer and HOA legal expert; Senior Partner at SwedelsonGottlieb I know that many boards contemplate the idea of making owners responsible for the waterproofing on the balconies or decks in condominiums (and yes,…

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Governor Signs Senate Bill 209 Dealing WIth Electric Charging Stations

Posted by David C. Swedelson, Partner, SwedelsonGottlieb; Community Association Legal Expert With the proliferation of electric vehicles comes a new law that limits and restricts California community associations’ ability to prohibit an owner from installing their own electric charging station. On July 25, Governor Brown signed Senate Bill 209, which…

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FHA’s Revised Condominium Guidance Solves Some Problems But Creates Many More

Blog posting by David Swedelson, California HOA and Condo Lawyer and Legal Expert Interesting article and perspective regarding the Federal Housing Administration’s (FHA’s) new guidelines for condominium loan offers from fellow community association attorney Stephan Marcus (Massachusetts). Steve notes that “the FHA published the first iteration of this guidance in…

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The Lender Foreclosed and The Owner Has Not Paid; Is Your Association Leaving Money on the Table?—The New Community Association Paradigm

By David Swedelson, California Condo and HOA Legal Expert and Community Association Attorney I came across an interesting article from a law firm in Florida (by attorney Lisa Magill with Becker & Poliakoff) that addresses the fact that after a bank forecloses, many boards are writing off the debt without…

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Not Every Homeowners Association Is Subject to The Davis-Stirling Act

By David Swedelson, Community Association Attorney and Partner at SwedelsonGottlieb The Davis-Stirling Common Interest Development Act is the common name of the portion of the California Civil Code beginning with section 1350, which governs condominium, cooperative, and planned unit development communities in California. It was enacted in 1985 by the…

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THE “HANDSHAKE” CLOSE Or How To Get The Owner To Take The Deal

The following is excerpted and edited by David Swedelson from an article prepared by Jan Frankel Schau Mediator/Arbitrator/Attorney. Jan was an associate at SwedelsonGottlieb several years ago. How many times have you been in a meeting with the board and a homeowner regarding the owner’s violation of the rules, CC&Rs…

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Beyond Ctrl, Alt, Del (Taking your Tech to the Next Level)-Technology Program Links

On Tuesday, June 28, 2011, David Swedelson of SwedelsonGottlieb and Timothy Cline of Timothy Cline Insurance Agency will present their technology program, “Beyond Ctrl, Alt, Del (Taking your Tech to the Next Level)” at Community Association Institute’s Channel Islands Chapter. Download this PDF page for a handy link reference to…

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