Articles Posted in Current Affairs

So, you are probably asking yourself what a lawsuit against Nordstrom (a department store) has to do with community associations. Plenty. Let me explain.

In a recent decision, the Court of Appeal determined that the trial court had NOT made a mistake when it granted summary judgment in favor of Nordstrom against a woman who sued the department store after the escalator she was riding stopped abruptly due to a power outage apparently caused by a nearby traffic collision (Bozzi v. Nordstrom, Inc.).

The court’s ruling was based on the fact that the woman who sued had failed to show that Nordstrom had breached any duty of care (meaning that she didn’t show that Nordstrom had been negligent) or that the escalator was defective. While her expert opined that the escalator must have been defectively designed or maintained, he was unable to state any facts to support his opinion.

What this case points out is that in order to show that the association or an owner is liable for damages from a roof or pipe leak or some other damage producing event, unless the association’s CC&Rs say that either can be held strictly liable without a showing of fault or negligence, a party (the association or an owner/resident/tenant) who claims that they have suffered damages must show that the other party somehow breached a duty and/or was negligent.
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In July, David C. Swedelson, Esq. was a speaker at the CACM expo, in a program entitled “Technology Horoscope”. Several attendees have requested copies of the article that David prepared for that presentation with the actual links to some of the new technology, applications and programs that David discussed at the expo. Follow this link for a copy of the article. David will continue to periodically provide new information on technology that can benefit those that serve on boards of directors or manage California condominium associations and planned developments.

David C. Swedelson, Esq. participated on a panel for the Channel Islands Chapter of CAI on Disaster Preparedness. Part of David’s presentation dealt with AEDs (defibrillators) and whether they are a good idea for community associations. View the presentation below or download a pdf file here.

In August, David C. Swedelson, Esq. participated on a panel for the Channel Islands Chapter of CAI on Disaster Preparedness. Part of David’s presentation dealt with CERTs (Certified Emergency Response Teams) and whether they are a good idea for community associations. View the presentation below or download an article here.

On July 27, 2010, the Santa Monica City Council voted to adopt a city ordinance banning smoking within 25 feet of a door or window in any multi-unit residential building. This new city ordinance will go into effect in September 2010 and will effectively bar residents of condominiums and apartment buildings from smoking on patios, balconies and terraces adjacent to their dwelling, whether or not those areas are considered a part of the unit/apartment or exclusive use common area. Currently under the ordinance, there is no fine by the City for violation of the ordinance, but violators can be taken to small claims court for a violation, which could result in the court imposing penalties. The City is currently exploring other enforcement options.

This new ordinance is indicative of Santa Monica’s history of restricting smoking in public places and trying to diminish the effects of secondhand smoke. Santa Monica previously enacted a City ordinance that bans smoking in the common areas of all multi-unit developments. It is unclear whether this ordinance will be adopted by other cities, but it points to the anti-smoking direction that many cities and communities are heading towards. The Santa Monica Daily Press recently published an article regarding the new ordinance.

This blog post by SwedelsonGottlieb, Community Association Attorneys.

An interesting article by Skip Roberts, PCAM, with Summus Association Management was published in the second quarter of 2010 Channels of Communication Newsletter from the Channel Islands Chapter of CAI.

Skip reported on a Zogby International Research Report that had been sponsored by the Foundation of Community Association Research. The Zobgy Poll not only determined that 70% of owners are satisfied with their community association (this was apparently the same result that Zogby had found in 2005, 2007, 2009), their research confirmed that residents are satisfied with their associations, association board members strive to serve the best interest of the community, community managers provide value and support to Associations and homeowners value the return they get for their association assessments. Interesting information. Follow this link to read a copy of the entire article.

Sandra L. Gottlieb, Esq. and Alex Noland, Esq. of SwedelsonGottlieb have had two new articles published in the O.C. View, the official magazine for the Orange County Regional Chapter of the Community Associations Institute.

Sandra’s article, Electronic Delivery, describes a recent amendment to Civil Code Section 1350.7 and the positive benefits for community associations when statutes are updated to reflect advances in technology. In this case, the legislature has streamlined the process for confirming a homeowner’s consent to electronic delivery of documents.

When I read this article, it sounded like something that would and could happen at a homeowners association. A man was asked to prune a Sycamore tree on the grounds of a hotel. Instead of leaning his ladder against the trunk of the tree itself, he placed his ladder against the branch that he was pruning. So you already know what happened… when he cut the branch, it fell and he fell with it, 14 feet to the ground, breaking his heel and damaging his ligaments, with a 10 day stay in the hospital to recover from his injuries.

He then sued his employer, the hotel, claiming that they should have given him more training in workplace ladders. Give me a break. Hard to make this stuff up. Click here to read the article.

Assemblymember Julia Brownley has proposed legislation that would impose new and unwarranted restrictions on the assessment collection process for California community associations. Without any showing that there is a need for this new law, her proposed new legislation would protect delinquent owners at the expense of their associations and all of the owners that timely pay their fees and/or assessments.

Phone or e-mail Assembly committee members today. (Alternatively, you may send a fax.)

Suggested text for objecting to AB 2502

Text of the current amended bill
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E-mail has become the communication method of choice for many board members and association management. It is a rare board member or manager that does not utilize e-mail, and while we all can agree that e-mail has improved our respective ability to communicate with one another, it does have its downsides. And now, text messaging is becoming an important communication tool; just consider what you say before sending that message.

You cannot help seeing the headlines about the many major company and public officials, sports and entertainment figures that have been brought down by their e-mails and/or text messages (and even tweets). Many company executives that are currently or recently being prosecuted for bringing down their companies and/or defrauding shareholders have to defend their e-mails. In many cases it is the e-mails themselves that got these people into trouble.
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