(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding any other provision of law or provision of the governing documents, the board of directors of an association, without approval of the owners, shall amend any declaration…
SwedelsonGottlieb was asked to prepare a letter to Governor Arnold Schwarzenegger and his staff setting out our issues and concerns regarding AB 2598. The following is our letter that went out to the Governor on September 21, 2004: Governor Arnold Schwarzenegger State Capitol Building Sacramento, California 95814 Re: Veto AB…
Please do not shoot the messenger as we are only reporting the news. On September 18, 2006, the Governor signed S.B. 1560 (the “Amendment”), which modifies recently enacted Civil Code Section 1363.03. This “cleanup bill” clarifies some troublesome issues, which will hopefully allow associations to get through the election process…
A Soon To Be State Law May Do More Harm Than Good Steven Shuey, PCAM, CCAM Homeowner Associations exist in common interest developments to manage the community. This management includes providing for the maintenance of the common areas as well as administration. In many communities, this can mean thousands of…
Veto AB 2598 (Steinberg) This is a sample letter that you can use as a template for your own letter to the Governor Schwarzenegger letting him know that this legislation protects delinquent owners at the expense of those owners who timely pay their assessments. WRITE TODAY-DO THIS AS SOON AS…
Interesting article recently appeared in the Wall Street Journal (and was also reported in the Los Angeles Daily Journal). Apparently there are “tens of thousands of empty or unfinished condominiums” in Florida. While we have not heard of this type of inventory in California, there are many condominium buildings under…
Homeowner Legislation Poised to Hurt More Than Help-CAI/CLAC’s Press Release on AB 2598 The seven million Californians who live in homeowners associations will have to pay higher monthly dues, thanks to legislation passed in the last hours of the legislative session. Assembly Bill 2598 (Steinberg) again takes up the use…
We have been asked for more information on why Steinberg’s AB2598 is bad law. AB 2598 is one of two pieces of legislation proposed following the foreclosure earlier this year on a senior citizen couple in Calaveras County. Proponents of this legislation, which would make it more difficult for associations…
They did it. The legislature passed one of the two foreclosure bills we warned you about previously. Senator Denise Ducheney’s (Democrat – San Diego) SB1682 did not move forward but Assemblyman Darrell Steinberg’s (Democrat – Sacramento) AB2598 passed the Senate although we are told that there was some confusion during…
Wondering where you can find sample annual meeting and secret ballot forms? Look no further. Click on the links below to find some handy reference. These forms are provided as reference only and do not constitute legal advice. Swedelson and Gottlieb makes no representations as to whether these forms are…