Blog posting by David Swedelson, California Condo lawyer and HOA attorney; Partner SwedelsonGottlieb
Community Associations Institute’s Fast Tracks News Bulletin reports on a Fort Myers, Fla. age-restricted homeowners association that is telling an owner that that he does not have the right to have guests who are younger than 55 visit his home while he is away.
Continue reading
By David C. Swedelson and Sandra L. Gottlieb, Partners, SwedelsonGottlieb, Condo Attorneys and HOA Lawyers
We have been receiving a number of calls lately from board members and community association managers asking what they can or should do about complaints from residents about marijuana smoke that is wafting into their units or homes. Many of you may be wondering why this is an issue and questioning why anyone would complain. We won’t go there. We are hearing that some of these marijuana users are saying that the association cannot stop them from smoking their medical marijuana, as they have their doctor’s recommendation and it is permitted by state law. So, must California community associations accommodate medical marijuana use by residents even when it creates a nuisance for other owners/residents? We thought that the answer was pretty clear that even if a resident is legally using medical marijuana, their use cannot cause or create a nuisance which interferes with another resident’s quiet enjoyment of their unit or home. Apparently this is not so clear, as we have been told that some attorneys are telling their condo association clients that they can do nothing about marijuana use by a resident who possesses a doctor’s recommendation. Seriously?! We do not agree. And we have written an article on the issue. Follow this link for our full article on this subject.
Posted by David C. Swedelson,
Partner, SwedelsonGottlieb; Community Association Legal Expert
With the proliferation of electric vehicles comes a new law that limits and restricts California community associations’ ability to prohibit an owner from installing their own electric charging station. On July 25, Governor Brown signed Senate Bill 209, which adds new Civil Code Section 1353.9. The new law takes effect January 1, 2012.
New Civil Code Section 1353.9 will prohibit California condominium and other community associations from unreasonably restricting the installation of electric vehicle charging stations. Homeowners who place charging stations in the common areas will be responsible for costs associated with maintaining and repairing the station, as well as costs for damage to common areas and adjacent units resulting from installation and maintenance of the station. The new law will impose other responsibilities on the homeowner, including maintaining a liability insurance coverage of $1,000,000 that names the association as an additional insured.
Unfortunately, the new law allows individual owners to use or occupy common areas, contrary to existing statutes and case law. In his signing message, Governor Brown stated that the author of the bill plans to introduce legislation that protects the right of common interest developments to establish reasonable rules for any use of common areas for charging stations. Governor Brown recognized this issue in his signing message:
Continue reading
The following is excerpted and edited by David Swedelson from an article prepared by Jan Frankel Schau Mediator/Arbitrator/Attorney. Jan was an associate at SwedelsonGottlieb several years ago.
How many times have you been in a meeting with the board and a homeowner regarding the owner’s violation of the rules, CC&Rs or addressing damage they have caused to the common area? Many, I bet. And how many times have you cringed because neither the board nor the owner could get to closure on a deal, a settlement of the dispute. Everyone danced around the issues, but no one knew how to close a deal. Many people educated in negotiation tactics or skills have some tools they use to make a deal. Jan Schau analogizes to the TV show, “Pawn Stars.”
She says that she hesitates to admit it, but she has learned a thing or two about negotiation from the TV show, “Pawn Stars”. She goes on to state that in this show (which I myself have enjoyed viewing), the owners of a Las Vegas Pawn Shop negotiate face to face to purchase used and unwanted “treasures” that have an unknown or uncertain value. Invariably, the “final offer” is accompanied by a smile, an extended hand and an expectation that the seller will accept that offer, even though it doesn’t meet his last demand. The owners of the pawn shop are adept at making every seller feel great about selling their junk/treasures and getting a great deal in exchange.
Here’s how it works in the context of a board and owner at a community association:
Continue reading
By David Swedelson, Senior Partner, SwedelsonGottlieb
As reported in several publications, including this article from MSNBC, Timothy Adams, a member of a homeowners association in Omaha, Nebraska, has taken some unusual steps to engender support for his fight against his homeowners association as he battles to keep solar panels installed on his home.
According to the MSNBC article, homeowner Adams is being sued by South Shore Heights Homeowners Association after he refused to take down the solar panels he had installed on his roof. While we have seen owners publicize their positions in letters in an effort to garner fellow owner support for their positions, Adams is spending a lot of money (and vows to spend even more) trying to generate support for his cause by putting up billboards, launching a webpage, sending letters to neighbors and utilizing social media.
SwedelsonGottlieb, Condo Lawyers and HOA Attorneys
You may not be aware, but 2011 has been a historical year for California hockey, as California’s three NHL teams, the San Jose Sharks, LA Kings, and the Anaheim Ducks, all made the playoffs for the first time together. Or perhaps you were aware of this incredible feat due to the multiple proud fan displays, signs, and banners gracing the homes in your community.
But what would this momentous occasion have to do with HOA law? I am so glad you asked.
In Florida, some homeowners associations had their hands full this year as the Tampa Bay Lightning, who also made the NHL Stanley Cup playoffs, sent banners, flags and lawn signs to its devoted fans for display. Alas, as this news story reports, some Tampa HOA members who displayed such signs on their property were met with opposition by their association. Read the story as to how the ingenious owner got around the association’s objections.
Continue reading
By David C. Swedelson, Senior Partner and Joan Lewis-Heard, Senior Associate at SwedelsonGottlieb
It is a good day for the Bridgeport Community Association, a SwedelsonGottlieb client. Today escrow closed and this association was paid the sum of $147,375.65 for the attorney’s fees and costs the Association incurred to obtain the owners and their tenant’s compliance with the CC&Rs. For those of you that think that it cannot be done, read on. The Board and Management at this planned development association located in Valencia, California persevered and took the case through the trial court and appeal and recovered $147,375.65. And they did this because it was the right thing to do, despite all of the time, effort and money it cost the Association.
Continue reading
By Sandra L. Gottlieb, Senior Partner, SwedelsonGottlieb
Our firm’s work with United Laguna Hills Mutual, a large master community association, is attracting some attention. Follow this link to an article from the Orange County Register. SwedelsonGottlieb assisted the association in crafting a new rule to deal with this association’s serious hoarding problem. Among other things, the new rule defines when the line is crossed from harmless clutter to a hoarding problem that creates a fire and/or health hazard that must be dealt with. The association’s efforts to address hoarding were also highlighted in a recent issue of Community Association Institute’s Common Ground magazine.
If you are experiencing difficulty enforcing your governing documents when it comes to hoarding, contact us at 800.372.2207. Let us evaluate your hoarding issues and let you know the association’s options for dealing with this issue.
Blog posting by David Swedelson, Senior Partner, SwedelsonGottlieb
As community association attorneys, we are often asked to assist boards and management in dealing with disputes between homeowners. We have seen disputes over view obstructions, dog waste or barking, noise issues from hard surface flooring or too many parties. Usually, we are asked to referee what usually amounts to a war of words. Sometimes, tempers flare and one neighbor may take what they think is justice into their own hands. But infecting their neighbor’s yard with insects is a new one. That’s what one owner in Florida is accused of doing.
In a story reported by the Palm Beach Post, a Palm Beach County sheriff’s deputy is being accused of using his training to thwart agro-terrorism to destroy his neighbor’s yard with chinch bugs. The bug invasion, which destroyed the nearly one-acre yard in The Acreage, is one of numerous tactics Detective Terrance Senecal has used to harass his neighbors, according to a lawsuit filed this week in Palm Beach County Circuit Court. The Acreage sounds like the name of a planned development; wonder what the homeowners association is doing about this situation?
By David Swedelson, Senior Partner, SwedelsonGottlieb
There is an old saying that the three big “issues” at community associations are people, pets and parking. Some may disagree, but the fact is that pets are often an issue. And when it comes to pets, and specifically dogs, dog poop or waste is often at the top of the list. We often get calls or e-mails from managers or board members asking our advice on how to deal with residents who fail to pick up after their dogs or complaints regarding same. This is not something they teach in law school.
Recently, a disgruntled owner at one association we represent was so unhappy about the dog poop allegedly being left on the common area grass in front of her condominium unit that she took the poop and wiped it all over an association monument sign (we have no idea what she used as the scraping implement; we are hoping it wasn’t her hands).
Continue reading
HOA Law Blog