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HOA Law Blog

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FHFA Proposes Ban on Transfer Fees

On August 13, 2010, the Federal Housing Finance Agency (FHFA) issued a proposed regulation to ban the use of deed-based or covenant-based transfer fees. The proposal would prohibit Fannie Mae, Freddie Mac and all federal home loan banks from purchasing mortgages for properties in communities with deed-based transfer fees. While…

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Association Does Not Have to Stop Water Intrusion Into Condominium Units

Calemine v. Jared Court Homeowners Association, Inc. In an unpublished opinion, the California Court of Appeals, relying on the Supreme Court’s decision in Lamden, upheld a trial court ruling that a condominium association, acting in good faith and in the best interests of the community, can decide not to take…

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“Evergreen” Contract Provisions Set Contract Traps for Unwary Boards

Lately, a number of our firm’s clients have contacted us regarding disputes they are having with vendors or their management regarding termination of their relationships. One association was very dissatisfied with the laundry room service/equipment provider, and when they went to terminate that relationship, they received a letter from the…

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Owners Are Not Entitled To Inspect or Copy Attorney Billing Invoices

Posted by David Swedelson From time to time we hear from association clients that are in a dispute with owners over documents that the owner wants to inspect or copy. They often want copies of the attorney’s billing statements. The problem is that most attorneys are descriptive as to the…

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Santa Monica Bans Smoking on Multi-Unit Patios and Balconies (Including Condos)

On July 27, 2010, the Santa Monica City Council voted to adopt a city ordinance banning smoking within 25 feet of a door or window in any multi-unit residential building. This new city ordinance will go into effect in September 2010 and will effectively bar residents of condominiums and apartment…

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The ADA was signed into law twenty years ago; it likely doesn’t apply to your community associations in any event

The Americans with Disabilities Act (“ADA”) recently celebrated its twenty (20) year anniversary. The ADA has had a significant impact on all of us by knocking down architectural construction barriers that had previously prevented people with disabilities from being able to access public facilities, for example by making sure that…

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Governor Arnold Schwarzenegger signs Assembly Bill 2016 Relating To Recording Blanket Request To Foreclosure Trustees

Governor Arnold Schwarzenegger signed Assembly Bill 2016. Assembly Member Norma Torres (Dem, Pomona; she chairs the Assembly Housing Committee) authored this bill and her press release is set out below. AB 2016 relates to the notice that can be recorded on a property in a community association that tells a…

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