As a reminder, Tuesday, November 4th is Election Day, and it is important that you exercise your right and duty as a citizen to vote. We are not voting on just who will be our next President, but there are a number of other initiatives on the ballot that are…
HOA Law Blog
Political Signs and Community Associations in California
Early voting is underway and, as expected, we have received calls complaining about political signs. You may be getting questions or comments about sign regulation in your communities, so we thought it would be a good idea to let you know what goes, and what does not, in community associations…
We Hate to Say We Told You So But Associations Need to Budget for Bad Debt
For the last two years, we have been recommending that California community associations add a bad debt allowance in their budgets. Since about 2000, rising home prices and the level of equity in those homes meant that few homeowners were willing to lose their homes through foreclosure for non-payment of…
Associations Must Act Timely and Decisively to Enforce Covenants
Associations Must Act Timely and Decisively to Enforce Covenants This summary of a recent Court of Appeals decision was published in the October 2008 edition of the Community Association Law Reporter published by Community Associations institute. What do you think of the Court’s decision? Pacific Hills Homeowners Association v. Prun,…
PRIVACY NOTICE AND EMAIL POLICY
PRIVACY NOTICE Email communications from SwedelsonGottlieb contain information that (a) may be confidential, legally privileged, proprietary in nature, or otherwise protected by law from disclosure, and (b) is intended to be read and/or only for the use of the addressee(s) named in the email. If you are not the addressee…
Civil Code Section 1363.03 – New Election Law FAQs
As you hopefully know by now, as of July 1, 2006, the way all California community associations conduct elections and membership votes was changed. Among the major changes is the requirement that all elections and certain other membership votes be held by secret ballot pursuant to operating rules. This includes…
AB 2736 Architectural Review
New Procedures Apply To The Adoption Of “Operating Rules” The Davis-Stirling Common Interest Development Act was amended effective January 2003 by adding Civil Code Sections 1357.100 through 1357.150 which require that certain rules and regulations of an association defined in the Civil Code as “operating rules” satisfy specified criteria before…
Do You Have An Internal Dispute Resolution Process
Effective January 1, 2005, Assembly Bill 1836 changes the current requirements and process for Alternative Dispute Resolution, by amending the existing provisions of the Davis-Stirling Common Interest Development Act (“Act) and adding additional provisions to the Act. This Bill was introduced to enact recommendations made by the California Law Review…
REVISED Board of Directors Resolution to Record a Lien
The new laws affecting collection of delinquent assessments now require the Board of Directors of an Association to vote during an open meeting of the Board to make the decision to record a lien. S&G and Association Lien Services has developed a simple Resolution Document that details all of the…
Podcast/MP3 – SB 137 Teleconference
Missed the recent teleconference but still want to hear what Sandra Gottlieb and David Swedelson had to say about SB 137 and the new assessment collection law and procedures? You are in luck. Download this MP3 file to your IPOD, computer or other device that will allow you to listen…