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HOA Law Blog

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State lawmakers are being urged to scale back the number of laws they propose; they should start with those that impact California condominium and homeowner associations

By David C. Swedelson, SwedelsonGottlieb Partner There was an interesting article on new legislation in the March 6, 2011 edition of the Los Angeles Times about the 2,323 new bills that have been introduced in the California legislature, and this includes several that impact California community associations (more on that…

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Starlight Ridge South Homeowners Association v. Hunter-Bloor; Association Maintenance Easements; How Far Does The Association’s Maintenance and Repair Responsibility Actually Go?

By David C. Swedelson, Esq. Many planned development community associations have built into their CC&Rs the obligation of the association to maintain property owned by some and often not all of the owners. Sometimes, they are called “Association Maintenance Areas” or “Association Easement Areas”. Sometimes, there is no special name…

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Do We Have to Allow an Electric Car Charger?

By SwedelsonGottlieb, Community Association Attorneys We recently assisted an association’s board of directors with addressing the question of whether the association has a legal obligation under its governing documents (or under applicable law) to install, or allow for the installation of, charging stations for homeowners’ electric cars. In this case,…

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Federal Housing Finance Agency Backs Off Proposal To Ban Transfer Fees

Some California community associations charge transfer fees. The Federal Housing Finance Agency was proposing a ban on such fees, and they have now backed off this proposal. Community Associations Institute (CAI) was very much involved in addressing the proposed ban. Now the Federal Housing Finance Agency says they will exempt…

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Is Annual Certification at Age-Restricted Communities Really Necessary?

By Sandra L. Gottlieb, Esq. Our 55 and older age-restricted communities sometimes ask whether they are required to survey and certify that they comply with the 55 and older qualification standards (if you live in or are on the board of an age-restricted community, you likely know what this means),…

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Unlicensed Contractors Caught In Sting Operation

The California Contractors State License Board (CSLB) recently issued a news release regarding their recent sting operation, which caught several unlicensed contractors attempting to perform work for more than $500. Unlicensed contractors tend to prey on senior communities such as the Sun City retirement community, which assisted with the sting…

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New Mechanic’s Lien Procedures in California Effective January 1, 2011

By David C. Swedelson, SwedelsonGottlieb Effective January 1, 2011, California law imposes new requirements and notice procedures for contractors who are serving and recording mechanic’s liens. California Civil Code § 3084(a)(6)-(7) now mandates that a valid mechanic’s lien must contain the following information in addition to what the law currently…

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Make it a Great Year by Amending or Restating Your Association’s Governing Documents

You know you’ve been meaning to get around to it for a long time now. Your manager has probably been nudging the board as well, hoping that maybe this year will be the year your association decides to get rid of those outdated CC&R and Bylaw provisions, making everyone’s job…

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