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HOA Law Blog
11/17/05 Teleconference Outline
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November 17, 2005 Teleconference
As of January 1, 2006, Senate Bill 137 takes effect and the civil code sections regarding assessment collection drastically alter the collection process. In addition, the new law will prohibit associations from foreclosing on an assessment lien unless the amount of assessments owed (not including costs or interest) is $1,800…
Legislative Update: 2006 New Laws Affecting Community Associations
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2004 Annual Disclosure Checklist
That’s right, it’s budget time again. Community managers and Board members are hard at work preparing their associations’ budgets and other required disclosure documents. As we do each year, Swedelson & Gottlieb is providing you with our 2004 Annual Disclosure Checklist. The Checklist is in Adobe Acrobat PDF document format…
What Is The Davis-Stirling Common Interest Development Act
The California State Legislature has passed many code sections or statutory laws that govern the formation and operation of condominium and homeowner associations. The Davis-Stirling Common Interest Development Act (Civil Code §§ 1350-1378) was first made law in 1986 and was intended to bring together in one area of the…
Civil Code § 1367.6 – Payment of Assessments Under Protest; Small Claims Option.
(a) If a dispute exists between the owner of a separate interest and the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits stated in Sections…
Civil Code §1363.840 – Statutory Dispute Resolution Procedure.
(a) This section applies in an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this section is fair, reasonable, and expeditious, within the meaning of this article. (b) Either party to a dispute within the scope of this article may…
Civil Code § 1363.1 – Prospective Managing Agent Disclosure.
(a) A prospective managing agent of a common interest development shall provide a written statement to the board of directors of the association of a common interest development as soon as practicable, but in no event more than 90 days, before entering into a management agreement which shall contain all…
Governor Arnold Schwarzenegger Vetoes AB 2598
We are very pleased to advise you that all of our efforts were successful and the Governor vetoed AB 2598, the assessment collection bill. We agree with the Governor’s reasons for the veto. His letter to the legislators is presented below. His reasons for his veto show he listened to…