By David Swedelson, Condo lawyer and HOA attorney; Senior Partner SwedelsonGottlieb Despite significant industry opposition, the Governor has signed into law amendments to the Davis Stirling Act and specifically Civil Code Section 1363.05, also known as the Common Interest Development Open Meeting Act. Here is the story of how this…
HOA Law Blog
Las Vegas Man Pleads Guilty in Connection with Fraud Scheme to Gain Control of Condominium Homeowners’ Associations
Blog posting by David C. Swedelson, Condo and HOA lawyer, Partner SwedelsonGottlieb According to an FBI website article, a Las Vegas man pleaded guilty for his role in a scheme to fraudulently gain control of condominium homeowners’ associations (HOA) in the Las Vegas area so that the HOAs could direct…
Age-Restricted HOA Doesn’t Want Young Guests Visiting
Blog posting by David Swedelson, California Condo lawyer and HOA attorney; Partner SwedelsonGottlieb Community Associations Institute’s Fast Tracks News Bulletin reports on a Fort Myers, Fla. age-restricted homeowners association that is telling an owner that that he does not have the right to have guests who are younger than 55…
Accommodating Medical Marijuana Users Does Not Mean They Can Cause A Nuisance To Other Condo or HOA Association Residents
By David C. Swedelson and Sandra L. Gottlieb, Partners, SwedelsonGottlieb, Condo Attorneys and HOA Lawyers We have been receiving a number of calls lately from board members and community association managers asking what they can or should do about complaints from residents about marijuana smoke that is wafting into their…
CAI Slams Latest FHA Guidance
As we reported on July 31st (follow this link), FHA’s Revised Condominium Guidance Solves Some Problems But Creates Many More. Community Association’s institute (CAI) has been actively addressing the issues. In a July 22 letter to the Office of Information and Regulatory Affairs (OIRA), CAI asserts that the Federal Housing…
SB 150 Limits Certain Rental Restrictions Recorded On Or After January 1, 2012
By David C. Swedelson, Esq.; SwedelsonGottlieb Community Association Attorneys SwedelsonGottlieb has been responding to a flood of inquiries regarding the recently chaptered California SB 150, a bill which amends Sections 1368 and 1373 of the Davis-Stirling Act and adds a new Civil Code Section to the Act affecting certain rental…
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…
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…
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,…
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…