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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By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys

brown_grass_at_California_state_capitol_-_Google_Search.pngEarlier this year, I attended a legislative action day in Sacramento. I was surprised by the number of bills being proposed to deal with the drought, with many of them focused on community associations. As the state of emergency with our water supply in California drags on, state and local governments continue to get more aggressive with addressing water use. They do not want us using all that much. And they do not care if an owner’s lawn turns brown.

I recently attended a meeting at an association in Santa Barbara. The association’s large expanse of green grass was turning brown. Turns out that Santa Barbara has issued strong ordinances regulating the watering of lawns; the association can only water their grounds for ten minutes, once a week.

screen-capture-27.pngHave you seen SwedelsonGottlieb Senior Partner David Swedelson present his Playing by the Rules seminar yet? Be sure to catch his next offering of this popular program with co-presenter Craig Phillips on July 30, 2014 at 8:00 a.m. in Valencia. The program is free to HOA board members and managers who preregister.

Topics covered include handling rule enforcement issues, the hearing process, the fining procedure and how to collect fines.

Follow this link to register for the event.

the-radio-antenna-1151543-m.jpgThe National Chapter of Community Associations Institute (CAI) recently sent out the following urgent message, which we are reproducing here in its entirety. If you want to preserve the right for homeowner associations to be able to restrict the installation of radio towers and antennas, you need to read and act on this important information:

Last month, U.S. Rep. Adam Kinzinger (R-IL) introduced H.R. 4969, legislation that may invalidate community association rules and architectural standards that govern the installation and use of amateur radio towers and antennas.

If H.R. 4969 becomes law, homeowners who want to install a radio tower or antenna for amateur radio use would not have to go through the architectural review process or follow existing community guidelines.

screen-capture-18.pngLooking for a fun, healthy way to support a great cause? This Saturday, SwedelsonGottlieb staff will be teaming up with the Greater Los Angeles Chapter of Community Associations Institute in the American Cancer Society’s Relay for Life. Come on over to Santa Monica and join us this Saturday, July 26th at 10:00 a.m.

Follow this link to register for the event. Select the “SIGN UP” button, then find the button that says “JOIN A TEAM” and use the drop-down list to find CAI-GLAC and join the team.

Thanks for your support!

By SwedelsonGottlieb, Community Association Attorneys

spot_-_Google_Search.pngWe are often asked about what portions of an association’s CC&Rs and Bylaws need updating to reflect current state statute and best practices. The answer is usually simple – everything! Due to the reorganization of the Davis-Stirling Act effective January 1, 2014, which included many substantive changes, plus many other statutory changes that have occurred within the past 10 years, many associations’ governing documents have ceased to be reliable resources for effective governance and operation of an association. We are currently assisting many of the firm’s clients with complete amendment and restatement of their CC&Rs, Bylaws, Rules and Policies.

But what if your association just doesn’t have the time or money to commit to a full amendment and restatement, but would still like to make some improvements to your association’s governing documents? We suggest the board consider some “spot” amendments.
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Blog post by David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys

estoppel%20sign.jpegMany boards of directors make enforcement decisions without considering all of the variables. We get contacted and told that an owner has violated the association’s CC&Rs. When we start asking questions, we find out that there have been similar violations in the past that the board has not dealt with. Or we find out that the violation is old news and the board failed to take timely action. Or that the violation was committed by a prior owner.

As Florida community association attorney Donna DiMaggio Berger states in a recent post to her blog (in an article entitled “Which affirmative defenses might derail your community’s enforcement efforts”), “it is the rare board that undertakes a thorough analysis before sending out those demand letters to determine if the owner can use any affirmative legal defenses to successfully challenge the association’s enforcement efforts.”
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