A senate bill seeking to prohibit California community associations from establishing qualifications for candidates to run for their boards of directors among other changes and requirements (including possible invasion of owner privacy) is a dumb idea that would create bad law. On April 5th, Los Angeles Times’ Sacramento columnist George…
By Joseph L. Gilman, Esq., Associate at SwedelsonGottlieb, Community Association Attorneys Effective January 1, 2018, Civil Code Section 4515 was added to the Davis-Stirling Act to protect certain rights of political speech and peaceful assembly within the boundaries of a common interest development. Senator Bob Wieckowski originally presented new Civil…
By Nicholas Marfori, Esq. and David Swedelson, Esq., Community Association Attorneys at SwedelsonGottlieb As you may have heard, the Governor signed into law new legislation that now changes a California condominium’s associations ability to prohibit an owner from installing a solar energy system on the common area roof. AB 634,…
By Brian Moreno, Senior Associate at SwedelsonGottlieb, Community Association Attorneys In the assessment collection arena, there have been a number of pro-homeowner court decisions that affect a community association’s ability to collect unpaid HOA/Condo assessments. First, courts have held that associations must accept partial payments, which has allowed homeowners to…
By Sandra Gottlieb, Esq. CCAL, Senior/Managing Partner, SwedelsonGottlieb, Community Association Attorneys Recent legal Developments affect community association interests in a variety of ways. In 2017, the California Court of Appeal decided several cases concerning such issues as title to common area and board member liability. These cases may be instructive…
SwedelsonGottlieb annually updates and publishes its Disclosure and Notice Checklist as a resource for Managers and Board Members of California Community Associations. The updated Checklist is 14 pages (there are a lot of things that California community associations are required to give notice of or disclose) and sets out what…
By David C. Swedelson, Community Association Attorney at SwedelsonGottlieb Many California community association’s CC&Rs, particularly those in older communities, do not clearly state who is responsible for the repair or replacement of exclusive use common area. This typically relates to the waterproofing of patios and balconies at most condo associations.…
According to CAI’s California Legislative Action Committee, there is still time to stop AB 634, a bill that impacts a condominium association’s ability to control the placement of solar panels in common interest developments. BUT YOU MUST ACT TODAY BEFORE THE GOVERNOR SIGNS THIS BILL INTO LAW. CAI reports that…
Title VIII of the Civil Rights of 1968, also known as the Fair Housing Act (“FHA”), is a federal law which prohibits discrimination in housing and housing-related services due to race, color, religion, sex, national origin, disability, and familial status. Because the FHA applies to entities that set terms and…
Community Associations Institute’s Greater Los Angeles Chapter held its Annual Awards Gala on Saturday, November 5, 2016. SwedelsonGottlieb congratulates firm client Harbor Gate Homeowners Association (San Pedro, California) for receiving the Chapter’s award for Excellence in Community Leadership. Board members Betsy Koehler, Lois Riopelle and Carolyn Cooper were present to…