drug_sniffing_dogs_-_Google_Search-1.pngIf you live in a condo in North Dakota and are into illegal drugs, be advised that it is OK for the police to bring drug-sniffing dogs into your association’s common area without a warrant, according to the North Dakota Supreme Court (follow this link to read the full opinion).

As summarized by a newspaper article, the North Dakota Supreme Court made this the law in their posted opinion that rejected an appeal by a West Fargo man who “was arrested for possession of marijuana with intent to deliver after police brought Disco the dog into a common hallway that [he] shared with another resident in the condo. Police say they received a tip that pot was being sold out of the residence.” Although not made clear in the article, the dog alerted its handlers to the presence of drugs behind the condominium door, and the officers obtained a warrant before searching the condominium.

The trial judge denied a motion to exclude the evidence that argued that it was an unreasonable search and seizure. “The Fargo lawyer had argued that the hallway in the condo should be considered curtilage, or part of the home, and that gave Williams an expectation of privacy.” The ND Supreme Court stated in its 5-0 ruling that the common areas of a multi-family dwelling are not protected by the Constitution, and the search was legal, stating that “. . .we conclude the condominium building’s common hallway was not curtilage, and [the resident] had no expectation that the shared space would be free from any intrusion”.

solar-energy-santa-rosa.pngRegular readers of https://www.hoalawblog.com may recall our prior blog post regarding the new law impacting architectural applications for and installation of solar energy systems. Since then, SwedelsonGottlieb’s new Senior Associate Attorney, Brian Moreno, joined the firm, and he penned his own in-depth look at what the new law means for California homeowner associations. Brian’s article appeared in a recent issue of The Communicator, published by the Bay Area / Central California Chapter of Community Associations Institute. Follow this link to read/download Brian’s informative article.

By David C. Swedelson, Esq. and Mark Petrie, Marketing Coordinator at SwedelsonGottlieb, Community Association Attorneys

united_at_laguna_woods_and_smoking_-_Google_Search.pngComplaints about secondhand smoke are increasing, and many associations are looking for options for dealing with the issue. Many boards want to propose an amendment to the association’s governing documents but are concerned about enforcement, as they know that there are some smokers living at their associations.

If your development is made up of several detached buildings, each of which contain multiple units, you may want to consider an innovative alternative – amending the governing documents to allow the owners of each individual building to self-determine that their building will be smoke free! We did this for one of our clients, setting up a process by which the owners of a building can unanimously apply to the board for designation as a permanently smoke-free building.

The following is an excerpt from Community Association Institute’s California Legislative Action Committee’s article, the full text of which can be found here. SwedelsonGottlieb attorney Brian Moreno, Esq. authored the article.

davis_stirling_act_-_Google_Search.pngMuch has changed over the last 30 years. In 1985, the Dow Jones industrial average was at 1500. The Internet’s domain name system was created, and its first domain name was registered. The cost of a gallon of gas was 93 cents. Ronald Reagan was our President. The world was a different place. In 2015, the Dow Jones Industrial Average is now at about 18,000, there are hundreds of millions of active Internet domain names, and the cost of a gallon of gas is… well, that subject is complicated. More significant to the common interest development (“CID”) industry, the Davis-Stirling Common Interest Development Act, known as the Act, was born 30 years ago.

Remarkably, as signed into law by Governor George Deukmejianin on September 18, 1985, the original Davis-Stirling Act was only 25 pages long. It was a whole lot different than it is today. The original Davis-Stirling Act provided a framework that specifies the various rights and responsibilities of all parties involved with common interest developments. The original Act was amended and revised and added to over 50 times until it was completely redone and reorganized. The Act is now over 100 pages long. For the most part, those additional pages represent the countless hours of collaboration, analysis, research and work that our industry professionals have contributed to improving an already comprehensive and inclusive statutory scheme.

By David Swedelson, Partner at Swedelson Gottlieb, Community Association Attorneys


Hiding_Colors_for_Roof_Array_.pngFederal legislators are still trying to pass new law that would allow HAM radio antenas to be installed at homeowners associations despite any restrictions on same in an association’s CC&Rs. We addressed this in a blog post in September of 2014; follow this link. Although that bill failed, Representative Adam Kinzinger (R-IL) has reintroduced the same bill, now designated as H.R. 1301.

Community Associations Institute (CAI) has again issued a call to action to its members across the country claiming that “if a HAM radio ‘reasonable accommodation’ standard becomes federal law, community associations face the real prospect of having limited or even no say on the installation of towers and large, fixed antennas used in HAM radio broadcasting.”

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

Is_This_a_Case_of_Too_Many_Cats____Steve_Dale_s_Pet_World.pngThe Los Angeles Times reports that the Los Angeles City Council is considering an increase in the number of cats that a Los Angeles City resident can own. Seriously? We are often called upon to deal with condo residents that have way too many cats in their units and are unable to properly care for them or their unit. As a result, neighbors complain of odors coming from these units. Not a healthy situation.

According to the article, the goal of the proposed rule change is not to encourage cat hoarding, but to save felines. “We want to give loving community members an opportunity to become part of the solution by adopting and/or fostering altered shelter cats in their homes,” said Brenda Barnette, General Manager, Los Angeles Animal Services. The article indicates that the city is seeking to increase the number of cats that one may own from three to five. The article also acknowledges that enforcement has been lax. I do not see this helping community associations.

10519470_10152632044291657_1073214518769593305_o.jpgOn February 6, the Orange County Regional Chapter of Community Associations Institute honored SwedelsonGottlieb’s Associate Attorney Cyrus Koochek with its Rising Star award. The award is given to new members of the chapter in recognition of the member’s volunteer service and commitment to the chapter’s goals. Cyrus served on the chapter’s programs committee in 2014 and looks forward to continued success with the chapter this year.

Is your community association located in Orange County? Be sure to check out all the great events and opportunities offered by the chapter for managers and board members at www.caioc.org.

Or, find your chapter here.

jump-for-joy_jpg_500%C3%97375_pixels.pngHe is finally here, and we could not be happier. Brian Moreno, already a seasoned community association attorney, has decided to move on from the firm he worked with for the last six years and bring his experience, skills and excellent reputation to SwedelsonGottlieb. Brian enhances the firm’s team of lawyers and will certainly benefit the firm’s clients. Brian could have joined any of the other community association law firms, yet he chose SwedelsonGottlieb. That says a lot about Brian and SwedelsonGottlieb.

Brian has extensive litigation and general corporate, real estate and community association legal experience. Follow this link to read Brian’s stellar resume. We hope you will have the opportunity to work with Brian.

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

2014_ford_f-150_supercrew_cab_-_Google_Search.png
I was recently made aware of a lawsuit filed in Fayetteville, New York by an HOA against homeowners seeking to restrict them from parking their 2014 Ford F-150 pickup truck in their driveway. The association apparently has CC&Rs that limit parking in driveways to only “private, passenger-type, pleasure automobiles.” Many California HOAs have restrictions on the parking of commercial vehicles, and this often leads to debates as to what constitutes a commercial vehicle. At one association we represent, the board was having a serious debate on this, as one board member wanted to ban an owner’s truck merely because it was the kind of truck that is used for commercial purposes, but there were no observable indications that the truck was used for commercial purposes.

Follow this link to an article from a Syracuse newspaper on this story. The article has a photograph showing what appears to be a fairly typical pickup truck. The pickup truck in question does not have any markings on it showing that it is used for business, no racks on it for contractors to haul ladders or other equipment, etc. It looks like an everyday pickup truck that regular people use as their personal vehicles.
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By Sandra L. Gottlieb and David C. Swedelson, Partners and Community Association Attorneys at SwedelsonGottlieb

new_legislation_-_Google_Search.pngThere was not a lot of new legislation in 2014 impacting California Community Associations, and what changes there were seemed to be focused on dealing with the drought. There were also changes to the law relating to solar energy systems, the ability of residents to grow fruits and vegetables in their backyards, to bring their attorney to an IDR meeting, and defining responsibility for the repair and/or replacement of exclusive use common area.

NEW LEGISLATION
The New Davis-Stirling Act:

The big story for 2014 was implementation of the complete rewrite of the Davis-Stirling Act (signed into law prior to 2014 and effective as of 1/1/14). If you have not been made aware of this by now, you likely live in a cave, as the Davis-Stirling Act has been rewritten and renumbered to Sections 4000 through 6150 of the California Civil Code and specifically excludes commercial associations, which now have their own set of laws that are much more abbreviated then the Act. Many association attorneys have prepared conversion charts for their clients which reference the old code sections and the applicable new sections. Contact your association’s legal counsel now if this is your first time hearing about the new Davis-Stirling Act.
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