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HOA Law Blog

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IF YOU’RE HAPPY AND YOU KNOW IT – 70% OF OWNERS LIVING IN COMMUNITY ASSOCIATIONS ARE HAPPY

An interesting article by Skip Roberts, PCAM, with Summus Association Management was published in the second quarter of 2010 Channels of Communication Newsletter from the Channel Islands Chapter of CAI. Skip reported on a Zogby International Research Report that had been sponsored by the Foundation of Community Association Research. The…

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Residents Are Not Happy With Their Neighbor’s New Green And Purple Paint Color Scheme; Not Much They Can Do About It! If Only They Lived In A Community Association.

I read with interest an article that appeared in the Los Angeles Times addressing a La Crescenta neighborhood’s uproar over one owner’s neon green paint job. Follow this link to read/download the LA Times article. One neighbor was quoted as saying that the green paint color was “completely inconsistent with…

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Legislation Alert – AB 1726 (Swanson) In Jeopardy

Earlier this year, California Assemblymember Swanson introduced AB 1726, a bill that would benefit California common interest developments. As amended, the bill has been watered down in some respects but improved in other respects, and it remains a valuable piece of legislation. We have recently been alerted by the California…

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Are We Really That Opposed to Artificial Turf? Really!

An Editorial by David C. Swedelson, Esq., Senior Partner, SwedelsonGottlieb Many of you received an urgent request by the California Legislative Action Committee (CLAC) for grassroots letters to be sent to the legislature opposing Assembly Bill 1793 (Saldana). I am not sure that I agree with what CLAC stated, and…

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Who is Responsible for Heating/Air Conditioning Ducts and Other Common Area Elements? It is Not That Complicated!

One of the more difficult and confusing issues that boards and association management often have to deal with is determining who is responsible for the maintenance and repair of common area plumbing, ventilation and other utility components, especially those that serve only one unit. Even attorneys sometimes get it wrong…

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California Appellate Court Rules that a Developer Cannot Force HOA to Arbitrate Defect Claims Based on a Provision in the CC&Rs

By Alyssa Klausner, SwedelsonGottlieb Senior Associate In the case of Villa Vicenza Homeowners Association V. Nobel Court Development (follow this link to see the entire decision), the developer of a condominium project recorded a Declaration of Covenants, Conditions and Restrictions (CC&Rs) which required a homeowners association to arbitrate any construction…

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Hooray, AB 2502 Is Dead; But What About The Waiver and Partial Payment Issues, and Why Did CLAC Support This Bill?

As we reported in April, Assemblymember Julia Brownley had proposed AB 2502, which would have made assessment collection in California even more difficult than it already is. We have great news. Because of all of the opposition she received (your letters and emails were acknowledged) and because some of those…

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Community Associations May Be Able To Recover Payments From Unlicensed Contractor Even If Contractor Was Licensed For Part of the Job

Where a homeowner paid an unlicensed contractor for landscaping work at his home, his knowledge that the contractor was not licensed when work commenced did not bar an action for full reimbursement under Business and Professions Code Sec. 7031(b), and the homeowner was entitled to recover the total amount paid…

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