Current Affairs

January 27, 2022

NEW AND HELPFUL FEDERAL RESOURCES REGARDING ASSOCIATION WORKPLACE SEXUAL ORIENTATION AND GENDER IDENTITY FROM THE EEOC

Inclusive_Progressive_Pride_flag-300x186 The United States Equal Employment Opportunity Commission (“EEOC”) recently created a new webpage with helpful practical information to guide employers and employees about employment discrimination based on sexual orientation and gender identity. This new webpage provides additional clarity about sexual orientation and gender identity protections based on the 2020 Supreme Court decision in Bostock v. Clayton County (decided on Jun. 15, 2020). In Bostock, the Supreme Court held that those firing individuals because of their sexual orientation or transgender status violated Title VII’s prohibition on discrimination because of sex. Title VII is part of the Civil Rights Act of 1964, a national law that prohibits employment discrimination based on protected classes of people such as race, color, religion, sex, and national origin.

The new webpage is intended to function as one comprehensive resource to educate employees, applicants, and employers about the rights of all employees, including lesbian, gay, bisexual, and transgender workers, to be free from sexual orientation and gender identity discrimination in employment. In addition, the new webpage includes information on related topics of harassment and retaliation. Although Title VII and Bostock only apply to employers with 15 or more total employees and does not generally apply to independent contractors, associations with any employees can still learn best practices from these new EEOC resources to prevent discrimination (and liability) in the workplace.

We share below some important reminders and takeaways from the recently published resources:

January 10, 2022

California HOAs/Community Associations Have Been Hit With Massive Increases in Premiums and Outright Cancellation// Call to Action

by David C. Swedelson

insurance_crisis_-_Google_Search-300x107 Many California community associations are dealing with massive and significant increases in their insurance premiums. These increases were not anticipated and as a result they are unbudgeted requiring that boards levy emergency special assessments, borrow from reserves or otherwise find the money to pay the increased cost of insurance.

It is estimated that about 14+ million Californians live or own a home or unit in a community association. All of their associations are required to obtain insurance coverage. Insurance professionals are reporting that the trend to decrease coverage and increase assessments and fees are not sustainable and will soon become prohibitive.

Some communities have had their policies canceled or not renewed and have been unable to find coverage.

April 30, 2021

Recent Changes to the Fair Housing Act Aim to Further Civil Rights in Housing & Employment

by Sandra L. Gottlieb and Stephen T. Brindle

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APRIL IS FAIR HOUSING MONTH

This April marks the 53rd anniversary of the Civil Rights Act of 1968 (also known as the Fair Housing Act), which “prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, [and] sex” written by Senator Edward Brooke, the first African American popularly elected to the U.S. Senate.

If you missed SwedelsonGottlieb’s webinar on Civil Rights & Fair Housing in Community Associations, you can catch it here: www.LawForHOAs.com under the “hot topics” videos tab or listen to it on the HOA Show. We discuss the history, current events and the seemingly never-ending challenges that we still face today.

March 27, 2021

SwedelsonGottlieb’s Community Association Attorneys Were Featured Guests on The HOA Show Podcast

by David C. Swedelson

Sandra L. Gottlieb, Esq., CCAL and Joan Lewis-Heard, Esq. were featured guests on The HOA Show podcast hosted by Ryan Gesell, CIRMS, CMCA of Cline Insurance Agency. In the episode, they talk about the Civil Rights Movement, the history of the Fair Housing Act and other discrimination thwarting legislation, and the impact on community associations. We hope that you will find inspiration from Civil Rights Activists who fought against segregation and championed Fair Housing, learn what is required when discrimination occurs, and discover the best practices to put in place. Let’s start the conversation of how we can work together as an industry to combat racism in community associations. Listen to the podcast here: https://www.hoashow.org/episode-the-civil-rights-movement-and-its-impact-on-community-associations/

July 26, 2020

SwedelsonGottlieb’s Sandra Gottlieb, Esq., CCAL Featured on The HOA Show Podcast

by David C. Swedelson

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Sandra L. Gottlieb, Esq., CCAL and Tim Cline, CRIMS discuss reopening amenities in the midst of the pandemic, including issues on liability, insurance coverage (or lack their of), worker’s compensation issues, safety, health and welfare, and government orders. This is a hot topic on the minds of many board members and community managers. Catch the podcast here:
https://www.hoashow.org/episode-how-and-when-to-open-hoa-amenities-in-a-pandemic/

June 16, 2020

Miami Condo Association Tells 86 Year Old Owner to Take Down His Black Lives Matter Signs; In California We Have Civil Code § 4710

by David C. Swedelson

Screenshot_6_16_20__11_21_AM-300x175 By David Swedelson, Community Association Attorney at SwedelsonGottlieb

Interesting story out of Florida About an 86-year-old owner who wanted to do something to show his support for the black lives matter movement. He wanted to stand in solidarity with those that are protesting to protect black lives, so, with the help of his granddaughter, he wrote out “Black Lives Matter” in chalk paint on the sliding glass door that leads to the balcony of his condo. His neighbors confronted him and also complained to management, and the association’s manager told him to remove the sign.

This owner was not deterred and he wanted to figure out a way to get what he felt was an important message across, so he and his granddaughter took the paint off the window and replaced it with cardboard cut-outs that spell out “BLM.” They hung the letters from the door on the inside of the condo using fishing wire — a display that could be considered interior art.

May 27, 2020

LA County Orders that Pools May Reopen as of May 26, 2020—But this Does Not Mean that an HOA Can Just Open the Gate to the Pool

by David C. Swedelson

weird_swimming_pools_-_Google_Search-300x147 From the attorneys at SwedelsonGottlieb, Community Association Attorneys

At the same time as the State announced that California has become the fourth state in the country to surpass 100,000 coronavirus infections and that 100,000 people have died in the United States from COVID-19, Los Angeles County issued a new order allowing for community association pools to reopen so long as certain protocols are followed. The new LA County Order does not mandate that associations open their pool(s). The association’s owners and residents will likely make a demand on the board to reopen the pool; what’s a board to do?

The first thing is to acknowledge that compliance with the new Order will not be easy. Some associations may opt not to open or not open until the association is able to administer the required protocols. These protocols are important. Let us not forget that LA County is still considered a coronavirus “hotspot” and that means that we must all do our part to stop the spread of the coronavirus. The news is filled with stories of people in California crowding certain recreation areas, pools, restaurants and beaches and not wearing masks and how these conditions have led to outbreaks in other states. Community association boards that decide to open pools, must follow the mandatory LA County protocols. In addition, they must make sure that residents comply.

Follow this link to read the new Order/protocol that the County issued for opening the pool(s). This protocol must be adhered to at all times and provides specific guidance/restrictions/limitations on reopening and use of the pools, including the deck area.

May 26, 2020

COVID-19 & Amenities – Q & A Webinar with Expert Panelists

by David C. Swedelson

SwedelsonGottlieb is sharing one of a series of webinars featuring founding partner Sandra L. Gottlieb and a panel of attorneys from across North America moderated by Andrew Fortin discussing how community associations are responding to and addressing issues about amenities arising from the Covid-19 pandemic.

As we continue to navigate the wave of this pandemic, we continue to urge you all to take COVID-19 and your health and wellness seriously. Be patient and thoughtful of your neighbors, community and those who are suffering the effects of COVID-19. And for those that are not infected, we all need to wear a mask and socially distance from others when out in public.

April 21, 2020

Federal Government Does Not CARES: No PPP and Little Stimulus to Help HOAs During the COVID-19 Pandemic

by David C. Swedelson

Screenshot_4_21_20__10_26_AM-300x110 Prepared by the California Community Association Attorneys at SwedelsonGottlieb

By now, most people have heard about the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (2020 H.R. 748). The breadth and scope of this Act, and the speed at which it passed both houses of a divided Congress and became law, is truly remarkable in these partisan times and speaks to the gravity of the COVID-19 crisis.

The Act is a massive stimulus bill that contains a variety of different programs of grants, loans, credits, debt forgiveness, and tax changes. Each of these programs is administered differently and has different criteria for eligibility.

Two of the Act’s provisions have become of particular interest to community associations: the federal Small Business Administration’s (SBA) new Emergency Economic Injury Disaster Loan Advance Grant program (the EIDL Loans which are available to HOAs), and the Paycheck Protection Program (the PPP which is not currently available to HOAs).

April 10, 2020

Coronavirus & Community Associations Webinar Featuring A Panel Including Sandra Gottlieb

by David C. Swedelson

SwedelsonGottlieb would like to share one of a series of webinars featuring Founding Partner, Sandra L. Gottlieb, and a panel of attorneys from across North America moderated by Andrew Fortin, as they discuss how community associations are responding to and addressing issues arising from the Covid-19 pandemic.

As we continue to navigate the wave of this pandemic, we continue to urge you all to take COVID-19 and your health and wellness seriously, be patient and thoughtful of your neighbors, community and those who are suffering the effects of COVID-19.