David C. Swedelson, Esq., CCAL joins Timothy Cline, CRIMS and Tony Menke, CPCU of Cline Insurance to discuss tendering insurance claims for your association, including when you should tender losses to the carrier for various lines of coverage. This is great advice for community association managers and board members alike.…
HOA Law Blog
SwedelsonGottlieb’s COVID-19 Community Association Guidebook on Reopening Amenities
From the Community Association Attorneys at SwedelsonGottlieb. Most California community association common area recreational amenities like pools, gyms, and tennis courts remain closed since March 2020, even though some restrictions have lifted. As the number of people who have been vaccinated increases, schools reopen, the state reopens, and more counties…
Update on Voting by Acclamation
California community association attorneys, managers and others in the industry have differing opinions on how to properly and legally proceed with uncontested elections — elections in which the number of candidates is less than or equal to the number of board positions needed to be filled. Prior to 2020 when…
Recent Changes to the Fair Housing Act Aim to Further Civil Rights in Housing & Employment
APRIL IS FAIR HOUSING MONTH This April marks the 53rd anniversary of the Civil Rights Act of 1968 (also known as the Fair Housing Act), which “prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, [and] sex” written by Senator Edward Brooke, the…
SwedelsonGottlieb’s Community Association Attorneys Were Featured Guests on The HOA Show Podcast
Sandra L. Gottlieb, Esq., CCAL and Joan Lewis-Heard, Esq. were featured guests on The HOA Show podcast hosted by Ryan Gesell, CIRMS, CMCA of Cline Insurance Agency. In the episode, they talk about the Civil Rights Movement, the history of the Fair Housing Act and other discrimination thwarting legislation, and…
Voter and Candidate Suppression; It May (Also) Be An HOA Issue and the Reasons Behind 2019’s SB 323
By David Swedelson, Senior Partner and Community Association Attorney at SwedelsonGottlieb I first heard about voter suppression in law school, where I learned that the United States has a long tradition of threatening voter access. I thought it was a thing of the past. But I have been surprised by…
HOA Board Meetings On Zoom — The Mute Button // If The President Can Be Muted, You Can Mute Your Owners — If Appropriate //California Civil Code §4090(b), §4925 and §4955
By David Swedelson, Esq. Senior Partner and Community Association Attorney at SwedelsonGottlieb We are enduring a serious pandemic and social distancing is the norm. How can community association boards protect the health and safety of the board members, owners, management and others who attend board meetings, while also complying with…
AB 3182 Creates a New Law that Restricts Community Associations’ Enforcement of Some Rental Restrictions
We have bad news. Despite a lot of lobbying work, the legislature passed, and the Governor signed into law Assembly Bill 3182 (“AB 3182”), which amends Civil Code section 4740 and adds a new section 4741 to the Civil Code. Pursuant to the new section 4741, an owner of a…
SwedelsonGottlieb’s Sandra Gottlieb, Esq., CCAL Featured on The HOA Show Podcast
Sandra L. Gottlieb, Esq., CCAL and Tim Cline, CRIMS discuss reopening amenities in the midst of the pandemic, including issues on liability, insurance coverage (or lack their of), worker’s compensation issues, safety, health and welfare, and government orders. This is a hot topic on the minds of many board members…
THE LAST ROUNDUP? Civil Code §4777(b) Mandates Strict Notice Requirements for Use of Pesticides/Herbicides
From the Community Association Attorneys at SwedelsonGottlieb When community associations decide to have chemical pesticides or weed-killing herbicides such as Roundup applied, they must provide detailed, written advance notice to homeowners and residents. Pursuant to Civil Code §4777(b), “an association or its authorized agent that applies any pesticide to a…