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…
HOA Law Blog
New Year, New Laws for California Community Associations/CIDs-2018
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…
2017 – 2018 DISCLOSURE AND NOTICE CHECKLIST For California Community Associations
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…
Amended Civil Code Section 4775 Clarifies Responsibility for Exclusive Use Common Area — Has Your Association Adjusted to The Changes?
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.…
SwedelsonGottlieb Urges Governor Brown to VETO AB 634
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…
HOA Liability for Discriminatory Harassment: A Primer
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…
Harbor Gate HOA Receives CAI-GLAC Excellence in Community Leadership
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…
Do California HOA/Condo Homeowners Have The Right To Post Political Signs On Their Property Or In Their Windows?
By David Swedelson, Esq. Senior Partner, SwedelsonGottlieb, Community Association Attorneys Considering how contentious the campaigns for president have been for the election of our next president, it is amazing that we have not received more requests from our California community association/HOA clients for advice on how to deal with political…
Clotheslines and California HOAs: Not In The Front Yard Please Update to Civil Code § 4750 (Clotheslines & Energy Conservation)
From the Community Association Attorneys at SwedelsonGottlieb California law now limits a community association’s ability to restrict the use of clotheslines and drying racks. Effective January 1, 2017, Civil Code 4750.10 invalidates any provision of a governing document that effectively prohibits or unreasonably restricts an owner’s ability to use a…
Minimum Wage Increase Will Have An Impact On California Community Associations
From the Community Association Attorneys at SwedelsonGottlieb The minimum wage is going up. As a result of a change in the law to take effect on January 1, 2017, the statewide minimum wage will gradually increase over the next six years until it hits $15 per hour. Further, Los Angeles…