What happens when owners do not pay their assessments, default and then allow their property to be lost through foreclosure? The answer is clear; their former association does not have enough money to pay the bills and/or the other owners must cover the deficit. This was the subject of an…
HOA Law Blog
End Of The 2010 Year Assessment Collection Report: We Still Recommend Foreclosure, as Judgments Remain Uncollectable
By David Swedelson, Esq. and Sandra Gottlieb, Esq. As we near the end of 2010, we thought it timely and appropriate to provide you with a report as to the status of the assessment collection problems that continue to plague many California community associations as a result of the recession.…
What are Homeowners’ Rights Regarding Service, Companion & Therapy Dogs?
By SwedelsonGottlieb, Community Association Attorneys There tends to be a great deal of confusion over service, companion and therapy animals, and, particularly, service, companion and therapy dogs. While the Americans with Disabilities Act does not generally apply to community associations unless an association opens its common areas and recreational facilities…
Roofing Contracts: What Kind of Warranty Do You Need?
By Sandra L. Gottlieb, Esq. and Stephanie Rohde, Esq. Now that the rainy season is soon upon us, many associations have been scrambling to get their association roofs repaired or replaced to avoid water intrusion issues (leaks). In every roofing contract that we have prepared or reviewed, the most important…
The California Association of Realtors (CAR) Seeks Legislation to Limit Fees Charged By Management
CAR has let it be known that it plans to introduce a bill in 2011 that will effectively restrict or limit the fees that community association management companies now charge for such things as ownership transfers and compliance with Civil Code Section 1368. This is likely going to be a…
Governor Signs Senate Bill 294 Into Law Extending Time For Manager Certification Standards in the Business & Professions Code
Karen Conlon from the California Association of Community Managers (CACM) reports that in this most recent legislative session, Senate Bill 294 was introduced for the purpose of consolidating and downsizing the numerous boards, commissions, etc. that exist in California. To protect the CACM manager certification standards in the Business &…
How to Deal With A Request for Authorization to Install Solar Panels
By David Swedelson, SwedelsonGottlieb Partner, Condo Lawyer and HOA Attorney These days, going “green” is all the rage. So, it is no surprise that lately we are getting more and more inquiries from boards wondering how they should respond when homeowners request authorization to install solar panels. If the owner…
It is Budget Time of the Year
It is mid-October, and many California community associations and managers are busy working on their 2011 budgets that will need to be sent out by the end of November. In addition to the budget, however, there are several other documents and disclosures that are required by California statutes to be…
Ethics for Board Members
SwedelsonGottlieb Senior Partner Sandra Gottlieb and Karen Conlon, President and CEO of the California Association of Community Managers (CACM) have written an article providing community association boards of directors with practical tools designed to identify and implement ethical value systems for their association board members. These tools will enable board…
Strategic Planning For Community Association Board Members
“Most successful businesses have embraced the concept of strategic planning, and the results attained drive the direction, resources, and decisions made in the daily course of doing business. It guides the leadership and unites the employees and partners through common goals and objectives.” This is the introduction to an article…