By SwedelsonGottlieb, Community Association Attorneys

bed_bugs_pictures_-_Google_Search.pngWhat exactly is a bedbug? Bedbugs are insects. They are reddish brown, oval and flat, about the size of an apple seed. Decades ago, bedbugs were eradicated from most developed nations using dichlorodiphenyltrichloroethane (commonly known as DDT) – a pesticide that has since been banned because it’s so toxic. There has been a resurgence of bedbugs in the United States in recent years as a result of increased international travel, changes in pest control practices, and insecticide resistance. And several of our condominium association clients have reported units infested with these little bugs.

Despite their small size, bedbugs are a problem. Bedbugs bite the exposed skin of sleeping humans to feed on their blood, and they often take refuge in clothes or luggage left nearby on the floor after feeding on their human hosts. During the day, bedbugs hide in the cracks and crevices of beds, box springs, headboards and bed frames, and they can also can be found under peeling paint and loose wallpaper, under carpeting near baseboards, in upholstered furniture seams, and under light switch plates or electrical outlets. Experts have stated that bedbugs don’t care if their environment is clean or dirty (all they need is a warm host and plenty of hiding places), and that otherwise immaculate homes and hotels can harbor bedbugs. In July of 2010, clothing retailers Hollister and Abercrombie & Fitch had to temporarily close their flagship stores in New York City to eliminate bedbug infestations, likely stemming from bedbugs being on the clothing of visitors to their stores.
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By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys

owner-towtruck.pngIn California, condo/HOA associations have the right to tow so long as they comply with the law. But sometimes, associations can be too zealous. I was just referred to an article about such a situation in Florida.

Last year, a Florida community association homeowner died after he tried to stop his car from being towed from in front of his home. Here is the short story:

After a dispute with the tow truck driver, this owner was apparently run over by his own car as it was being towed away. This owner, a married father of three, a professor and associate dean at the local university, came home and found that his autistic son’s tutor was parked in the second spot in his driveway. So he pulled in behind, with his car protruding onto the sidewalk and swale area.
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Assembly Bill 1360, which provides optional (opt-in) electronic voting in HOAs, will be heard in the Senate Judiciary Committee on June 24th. We are asking you to contact the California State Senators referenced below with a message urging them to vote YES on AB 1360. We previously posted an article about this legislation that will allow electronic voting by members of California community associations. Follow this link to read the bill as currently amended.

While this legislation will not make electronic voting mandatory and will require that owners “opt-in” to vote electronically (because some owners may not have access to a computer to vote electronically), it is important that we support this legislation, as it will undoubtedly encourage owners to vote and may result in a smoother, less expensive voting process for California associations. At least this is the hope.

Your support is appreciated. Here is a suggested message:

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys

1120_tax_return_-_Google_Search.pngI am not an accountant, far from it. But I am aware that there are two different tax returns that condos, HOAs, and cooperatives can (and should) file (and yes, community associations, while exempt to some extent from paying taxes on assessment income, still may have income and need to file tax returns). I have never really understood when an association would file one tax return form versus the other. I was therefore interested in a blog article on this issue by Donna DiMaggio Berger, a Florida community association attorney. Donna’s article addressed a class she took that focused on the issues pertaining to association tax returns. I am only going to summarize it here. [Editor’s note: the prior link to Donna’s article is no longer valid, our apologies.]

As Donna points out, most board members are not all likely to understand the complexities of accounting principles. And most likely do not understand the complexities of tax issues, returns, etc. as the same applies to their homeowners association. This means that board members do need to hire a competent accounting professional to assist their community.
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By David Swedelson, Esq. and Cyrus Koochek, Esq., SwedelsonGottlieb, Community Association Attorneys

drought.pngAt the end of April 2014, California Governor Jerry Brown issued an executive order in an attempt to bolster the state’s ability to conserve, manage, and consume water in light of the major drought conditions currently affecting almost every area of California and its water resources. Although the executive order makes several directives to state agencies and civilians regarding water conservation and the implementation of water reduction programs, one of the directives specifically involves homeowners associations.

To summarize, the directive states that any provision of the governing documents, architectural or landscaping guidelines, or policies of an association will be void and unenforceable to the extent it has the effect of prohibiting compliance with the water saving measures contained in the directive, or any conservation measure adopted by an association’s local public agency or private water company. The directive also states that the reason for the directive is to prevent the reported practice of associations fining or threatening to fine homeowners who comply with water conservation measures adopted by a public agency or private water company.
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By David Swedelson, Senior Partner at SwedelsonGottlieb, California Community Association Attorneys

demolition.pngOften, we are asked by board members at community associations whether the board can use self help to resolve a problem where an owner is failing to maintain their unit or lot/home. Sometimes, we learn about it after the fact. In our experience, self-help is not usually the best or appropriate option. Fortunately, none of our clients have been sued for taking action, and there are no California court of appeal decisions or statutes that address this issue. But we can learn how not to approach this issue by considering what happened to a Texas association that took steps to deal with a problem that landed that association in some very deep you-know-what.
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In its February 2014 issue, the International Top 100 BusinessMag recently published its list of the top 100 lawyers in America, which includes our very own Joan Lewis-Heard. The magazine notes that Joan is “highly regarded by both clients and colleagues for her experience, attention to detail and ambition…” Read the full profile from the issue here. Way to go, Joan!

Sandra Gottlieb’s article, The “Art” of Taking Minutes at Your Association’s Meeting was featured in the March 2014 issue of the ECHO Journal, published by the Educational Community for Homeowners. Sandra discusses the format of minutes, the value of brevity, conduct of the meeting, objectivity, approval and retention, among other considerations.

In the California Association of Community Manager’s Spring Edition of the Law Journal, David Swedelson’s article, Payment Plans & Voluntary Liens for Special Assessments was featured on the cover. David describes the best approach to take with regard to payment plan agreements for special assessments and describes some of the pitfalls and common mistakes that are made by associations.

By: Cyrus Koochek, Esq., SwedelsonGottlieb, Community Association Attorneys

water.jpgIn recent years, California has been faced with drought conditions, reduced water supplies and a consistently growing population. One step the California legislature has taken to address these issues was the adoption of Assembly Bill 1881, the Water Conservation in Landscaping Act of 2006 (the “Act”), which establishes goals for the efficiency and reduction of water usage in California. The Act has been codified in the following California statutory provisions: Section 4735 of the Civil Code; Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code; Section 25401.9 of the Public Resources Code; and Article 4.5 (commencing with Section 535) to Chapter 8 of Division 1 of the Water Code, relating to water conservation.
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heart.pngFriday, February 14, 2014 is Valentine’s Day. A holiday that originated in Italy, it’s all about love, and it has chocolate and champagne as staple foods, making it very seductive. And dangerous, because it’s easy to get carried away. That is where your attorney can help. Several Valentine contracts have been floating around the Internet. We would like to share our adaptation of one that another attorney disseminated to his “romantically proficient” clients. It’s a non-binding contractual agreement for affection, hereinafter the “Valentine Agreement.”

My dearest darling [valentine’s name here],

WHEREAS, I am madly in love with [valentine’s name here], it is herein proposed that [valentine’s name here] and I agree to be bound to the present Valentine Agreement subject to the following terms and conditions hereto:

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