Blog Post by Sandra Gottlieb and David Swedelson from a CAI Alert When it comes to the FHA and its lending guidelines, describing their guidelines as a moving target would not be an exaggeration. If you asked us two days ago regarding the FHA’s stance on rental percentages language in…
HOA Law Blog
Assessment Collection In 2011: We Still Have A Rocky Road Ahead
A Blog Report By Association Lien Services and SwedelsonGottlieb Many of our clients have been asking for our forecast as to when their assessment collection nightmares are going to end. While we don’t have a crystal ball, we do monitor what the experts are saying. And this very question was…
Bankruptcy Basics – What You Need to Know
By David Swedelson, Esq. and Alyssa Klausner, Esq. It should be no surprise to anyone that the Great Recession has caused a significant amount of people to fall into serious debt, and many have filed bankruptcy. This is having a significant impact on many community associations’ efforts to collect delinquent…
Should Delinquent Condo Owners Lose Internet, TV Service?
By David C. Swedelson, Partner, SwedelsonGottlieb Community Association Institute’s (CAI) Fast Track News Bulletin reports that Florida condominium association residents who are delinquent on their assessments could run the risk of losing their cable and internet service if a new bill passes. According to the March 1, 2011, edition of…
Locking in for a Lower Price: Long-Term Contracts
By Sandra Gottlieb, Esq. Understandably, service providers such as cable or satellite dish companies will regularly seek long-term contracts of five years or more with homeowner associations. They explain that this is because their up front costs related to getting their systems set up within the association are significant, and…
NRA Shoots Down Homeowner Association Gun Ban Plan
From Community Association Management Insider A community in El Dorado County, California has historically allowed some sport shooting. However, when one board member wanted to change that, he started the process to change the governing documents to completely ban the discharge of firearms and air-guns and eliminate all target and…
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…
Watch Out for Hostile Work Environments
By Sandra L. Gottlieb, Esq. Although the legal definition of what constitutes a “hostile work environment” is continually evolving, an employer has a general duty to protect its employees from a hostile work environment which can generally be defined as existing when an employee experiences ongoing workplace harassment and fears…
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…
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,…