poliCE_officer_issuing_citation_-_Google_Search.pngBy David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

The LA Times reports that the Los Angeles City Council has adopted a new system that allows police officers to issue citations for minor “quality of life” crimes that would typically be resolved with a warning. Read the article here.

According to the article, “a pilot program, called Administrative Citation Enforcement, gives the Los Angeles Police Department and the Department of Animal Services a new enforcement tool that bypasses the court system. It allows city officials to impose fines for offenses such as urinating in public, having dogs off leashes or dumping garbage in public streets.”

Benefits_of_Alternative_Dispute_Resolution___Lawyers_com.pngWho said you can’t trust lawyers? You can certainly trust SwedelsonGottlieb, as we are actively opposing proposed new legislation that would make us more money, AB 1738. This bill concerning internal dispute resolution (IDR) in common interest developments (Civil Code Sections 5900-5920) was recently passed by the the California State Assembly and the Senate unopposed. It’s clear that the legislators do not understand the implications of what may happen if this legislation is signed into law by the Governor. If signed into law, this new law will most certainly make more work for us community association attorneys, as owners will be bringing their attorneys to IDR meetings, and many boards will opt to do the same.

Review the proposed revised language to Civil Code Sections 5910 and 5915 by following this link. On its face, the revised language is pretty innocuous. However, those with real-world experience with IDR in community associations (such as board members, managers and the attorneys that guide them) realize that AB 1738 will end up costing community associations more money for legal fees if this bill becomes law. Why? Because, as CAI’s California Legislative Action Committee (CAI-CLAC) suggested in its Call To Action on this Bill, “AB 1738 encourages members to bring attorneys and others to their first meeting with a single board member who has volunteered to help work out the member’s problem or concern. These simple ‘meet-and-confer’ conversations over coffee most often resolve an issue. When they occasionally don’t, either party may pursue a more formal Alternative Dispute Resolution (ADR) process that does involve lawyers. Nothing in law prevents lawyers from attending IDR right now, but AB 1738 actually promotes having them present to argue the issue(s). This will invariably make the discussion adversarial.”
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By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

Phil_Angelides___Curbed_LA.pngWe deal with a lot of view obstruction disputes. We are able to resolve most of these disputes, as they are subject to CC&Rs which set out what view is protected. And the CC&Rs and the Civil Code provide that the prevailing party is entitled to collect their attorneys’ fees. That usually convinces most people that the fight is not worth the cost.

Sometimes, these view disputes cannot be resolved. For example, in July of 2013, I blogged about a case I had tried and won that dealt with a homeowner who was not part of the association she sued, claiming her cherished view of the association’s lake was obstructed by the trees in the association’s park; she claimed it was a spite fence. Follow this link to read that story.

So, I found an article about a lawsuit involving a 40 foot hedge to be interesting. The legal battle over the hedge is between two Santa Monica properties. Follow this link to read the Daily Journal article.

The article tells us that while they tried to settle the dispute, the “Santa Monica neighbors – well-known local plaintiffs’ attorney Browne Greene and former California state treasurer Phillip N. Angelides – are instead opting to go to court in September over the 40-foot hedge between their two homes.”
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By: David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys

voter_apathy_-_Google_Search.pngIt is an old problem. Many California community associations cannot motivate their owners to participate or even vote at association elections. We have had clients that have been unable to obtain a quorum for director elections for more than 20 years. Even my own association recently reported a failure to achieve a quorum and decided not even to bother holding a second meeting, knowing that the chances of obtaining a quorum was remote.

Some condominium and homeowner associations have the ability under their governing documents to reduce the required percentage for a quorum at adjourned meetings, often from 50% to 25%, but even then some of those associations cannot get 25% of the owners to vote.

Many board members and managers have told me that they believe this is a problem with community associations in general. The fact is that this is not just a problem for community associations; it is a problem for federal, state and local elections as well. A recent Los Angeles Times article stated that “alarmed that fewer than one fourth of voters are showing up for municipal elections, the Los Angeles Ethics Commission voted… to recommend that the City Council look at using cash prizes to lure more people to the polls.”
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By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

smoking_ban_-_Google_Search.pngI was alerted to a proposed smoking ban in apartments and condominiums by the City Council in Culver City, California. Follow this link to read an article from the Culver City Observer that tells us that the City Council directed the City Staff to prepare a draft proposed ordinance that would ban smoking in any complex of 2 or more units.

We have reported previously about cities banning smoking in multiunit housing – see our prior posts here and here. If a city can ban smoking, so can a condominium or homeowners association. In fact, some of our clients are moving forward with smoking prohibitions in their CC&Rs and have been able to successfully enforce the prohibitions without having to file any lawsuits.

By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

Los_Angeles_Broken_Sidewalks_-_Google_Search.pngAn article in the LA Times tells us that the City of Los Angeles is facing an interesting dilemma; one that we find is often faced by California community associations. The City’s sidewalks are in terrible shape, broken up by tree roots. The question is, who should pay the cost of the repairs? According to the article, “state law is ‘crystal-clear’ in leaving property owners responsible for fixing and maintaining their sidewalks.”

Case law also holds that if the owner of the property adjacent to the sidewalk has planted or is maintaining a street tree, even though the sidewalk is the responsibility of the City, the owner can be responsible for injuries suffered as a result of a trip and fall accident. See our prior blog post entitled “California Community Associations May Be Liable for Injuries Suffered in Trip and Fall Accidents on City Sidewalks.

The broken up sidewalks have generated a lot of personal injury trip and fall claims against the City from injured persons walking on the sidewalks. They have also generated claims by disabled individuals who argue that the broken up sidewalks violate their rights to public access.
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By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys

Dance_Craze__In_China__Retirees_Raise_a_Ruckus_by_Getting_Down_-_Google_Search-1.pngWe often get calls from Board members and managers asking us to help them with noise problems. Usually, the complaints involve hard surface flooring, loud stereos or TVs, prolonged or loud dog barking, or a tenant who plays a musical instrument for several hours a day, especially on the weekend or in the evenings.

In China, which is apparently experiencing a condominium-building boom, they have a different kind of noise problem: public dancing to loud music. These aren’t raves; they’re daily occurrences. And the rowdy crowd isn’t twenty-something millennials. They’re grandmothers, women in their 50s and 60s, about 100 million of them. Even in China, this is not an inconsequential number. This was the subject of a recent article in the Wall Street Journal.

The dancing – whether it’s traditional, patriotic, or China’s version of rap or hip-hop, is a problem for people who choose to relax in quieter ways, and whose quiet enjoyment of their units is disturbed. Some paid extra for their units for the peace and quiet. Terms to buy a condo can be stiff in China. For example, in one complex, a $300,000 unit required 50% up front, and the balance within three years. These owners are arming themselves with decibel meters, and working to get laws passed to create “Quiet Zones”.
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By David Swedelson, Senior Partner, SwedelsonGottlieb, Community Association Attorneys

robin_williams_net_worth_-_Google_Search.pngRobin Williams is dead. We lost a great talent, a very funny man. As one commentator wrote, the world is a lot less funny today.

I read an interesting article about Robin Williams and the No Asshole Rule. Not surprising, it is reported that Robin Williams was NOT an asshole. Apparently he treated others with warmth and respect. If only homeowners at community associations followed the No Asshole Rule. Just saying…

By Mark Petrie, Paralegal/Marketing Coordinator and David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys.

condo_disclosures_-_Google_Search.pngNew legislation amending two of the transfer disclosure sections of the Davis-Stirling Act, Sections 4528 and 4530, will be effective January 1, 2015. Follow this link to review the changes and new language that will be effective next year.

As you may be aware, Section 4530 establishes the responsibility of an association to provide copies of governing documents, certain financial disclosures and other documents to an owner, or any other recipient authorized by the owner, within 10 days of receipt of a written request for same. The requirement to provide documents and information applies to the sale of a unit (in a condominium building), lot (in a planned development) or stock (in a co-op). We would have liked to have seen a change here to delete “any other recipient authorized by owner”, as there are issues raised by the association providing transfer disclosure documents directly to parties other than owners, e.g., the association has no privity of contract with those parties. But for now, the current language will remain.

We regularly advise our association clients to include a disclaimer when directed by an owner to provide transfer disclosure documents directly to a third party: “These documents are being provided to you in the limited scope of complying with a request of the owner of the unit/lot for same in accordance with Civil Code Section 4525, et seq. The delivery of these documents to you shall not constitute establishment of privity between you and the association, and such delivery shall not create any further responsibility for the association with respect to further disclosure of documents to you.”
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Report by David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

L_A__street_repair_agency_riddled_with_problems__audit_finds_-_LA_Times.pngAn article in the LA Times last week reported that Los Angeles City auditors revealed that the bureau charged with fixing and maintaining Los Angeles’ streets is plagued with problems that include failing to collect or spend hundreds of millions of dollars, keeping shoddy records and neglecting to address the most heavily trafficked roads first. Follow this link to read the article.

Below are some highlights and comments. And as you read this, think about what would happen at a community association that so badly managed maintenance and repair. I know what would happen; the owners at the association would be very unhappy. And they would let the board know just how they feel. So why aren’t more people letting the city know just how they feel about the situation?
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