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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By David Swedelson, Partner and Community Association Attorney at SwedelsonGottlieb

balcony%20copy.jpgSince the inception of the Davis-Stirling Act in 1985, there has been confusion regarding owner vs. association responsibility for the repair or replacement of exclusive use common area. AB 968, legislation sponsored by the Educational Community for Homeowners (ECHO), signed into law by the Governor on September 18, 2014, brings us long-needed clarification. We strongly supported this legislation (surprisingly, as will be explained below, many others did not), as it clears up some of the ambiguities created by what was formerly Civil Code Section 1364, now Civil Code Section 4775.

Civil Code Section 4775 currently states that unless otherwise provided in the CC&Rs, a community association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area. The homeowner of each separate interest is responsible for maintaining their separate interest (their unit or home) and any exclusive use appurtenant (attached or next to) their separate interest.

So, while Civil Code Section 4775 has addressed who is responsible for the maintenance, repair, and replacement of the common area, this code section only dealt with the responsibility for maintenance of the exclusive use common area, or so that is how many interpreted the code section.
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By David Swedelson, Esq. and Cyrus Koochek, Esq.; Community Association Attorneys at SwedelsonGottlieb

Benefits_of_Alternative_Dispute_Resolution___Lawyers_com.pngAB 1738 is new law that amends Civil Code Sections 5910 and 5915 and makes two major changes to the requirements of internal dispute resolution (IDR) meetings held between an association’s board and its members. We opposed the adoption of AB 1738 (like just about everyone else who works with California HOAs) and discussed the reasons why in our September 3, 2014 blog article. AB 1738 has since been signed into law and became effective California law as of January 1, 2015.

Here are the big changes – first, any agreement between the parties during IDR must be in writing and signed by both parties. This is a common sense requirement and will prevent any complaints about what was actually agreed to between an association and owner. More problematic, however, is the addition of language that now permits members to be represented by an attorney (or another person explaining the member’s position). The new changes that now allow members to bring an attorney will, without a doubt, end up costing community associations more money for legal fees, as more members may decide to be represented by their attorney, which will in turn require the association to have its attorney present.
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By the Community Association Attorneys at SwedelsonGottlieb

screen-capture-53.pngUnder Civil Code Section 714, a California community association can restrict its members’ installation and use of solar energy systems so long as the restrictions do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance. “Significantly” used to be defined (through 12/31/14) as increasing the costs of the system by 20% (or $2,000 for photovoltaic systems) or decreasing the efficiency of the system by 20%.

AB 2188, effective January 1, 2015, redefines what reasonable restrictions an Association can require and amends Civil Code Section 714. Specifically, the new law has cut by half an association’s ability to restrict solar energy systems installed by members. A significant increase in the costs of a system will now mean an increase of 10% (or $1,000 for photovoltaic systems), and a significant decrease will now mean a reduction in the efficiency of the system by 10%. An association must now be even more careful with the conditions or limitations it places on an owner who wants to install a solar energy system.

By the Community Association Attorneys at SwedelsonGottlieb

solicitor-meeting.jpgMost associations have provided transfer disclosures/documents to an escrow at some point when an owner is selling his or her unit/home or property in a community association to a prospective purchaser. This task is usually completed by the association’s managing agent. Sections 4528 and 4530 of the Civil Code govern the requirements for complying with an Association’s escrow disclosure requirements. AB 2430, which amends Civil Code Sections 4528 and 4530 and is effective as of January 1, 2015, now provides some helpful points of clarification and one major affirmation of California case law.

First, AB 2430 now provides that it is the responsibility of a seller to compensate the association, person, or entity that provides the required documents to the prospective purchaser. This is the first time the Davis-Stirling Act has expressly made clear that the fees charged by an entity other than the association (e.g., management companies) are the responsibility of the seller. This change now makes the Civil Code on par with California case law. See our previous article to learn about the California cases which paved the way for this new legislation.

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