When it comes to enforcing obligations secured by California real estate, California is a “single action” or “one-action” state. Civil Procedure Code Section 726(a) provides in part that “[t]here can be but one form of action for the recovery of any debt or the enforcement of any right secured by…
As we make our way through the “Great Recession”, we find that many owners are still upside down in their units/homes, owing more to their lender than the current potential sales price. In many cases, the owners cannot afford to pay the bank and are looking to get out from…
When property is sold through non-judicial foreclosure on an assessment lien, buyers (third parties or the association) take ownership subject to a 90-day right of redemption, which allows the foreclosed owner to recover the property if the owner pays the delinquency and any fees and costs (Civil Code §1367.4(c)(4); Code…
Sandra L. Gottlieb, Esq. and Alex Noland, Esq. of SwedelsonGottlieb have had two new articles published in the O.C. View, the official magazine for the Orange County Regional Chapter of the Community Associations Institute. Sandra’s article, Electronic Delivery, describes a recent amendment to Civil Code Section 1350.7 and the positive…
When I read this article, it sounded like something that would and could happen at a homeowners association. A man was asked to prune a Sycamore tree on the grounds of a hotel. Instead of leaning his ladder against the trunk of the tree itself, he placed his ladder against…
Assemblymember Julia Brownley has proposed legislation that would impose new and unwarranted restrictions on the assessment collection process for California community associations. Without any showing that there is a need for this new law, her proposed new legislation would protect delinquent owners at the expense of their associations and all…
You may remember the three pigs’ response to the wolf when he demanded entry into their homes in the old children’s story. Unfortunately, we have seen some cases where a few homeowners seem to consider their homeowners association to be a “wolf” and will not cooperate with the association’s reasonable…
No joke; this was the headline in a recent edition of the Ventura County Star newspaper. The article describes a bitter neighborhood dispute at the Bridle Path Community Association. There are accusations of ballots not being counted and other election issues. It appears that there is a fight by some…
We are seeing many associations deferring common area maintenance and repair because they are afraid to increase their regular assessments or levy special assessments because they are concerned that the owners cannot pay any more money. In many cases, associations are experiencing 20% to 30% (or more) delinquencies. This is…
We recently received an interesting request from a board of directors regarding amending the pet provision in their Declaration of Covenants, Conditions and Restrictions. Apparently, many members of the association have a distinct love of ferrets. Following is the language we developed for this association… 1. Each Owner shall keep…