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Blog posting by David Swedelson, Partner SwedelsonGottlieb; Condo Lawyer and HOA Attorney

As of April 22, 2010, the new Environmental Protection Agency lead paint requirements for most dwelling units and common areas within homeowners associations which were built before 1978 became effective and may impact many California Community Associations.

Under the EPA’s Lead Based Paint Renovation, Repair and Painting Program Rule, firms who are paid to perform work which “disturbs” paint in non-exempt pre-1978 residential housing and multi-family structures (condominiums, stock cooperatives) must be EPA certified, and all individuals who are actually performing the work must either be certified renovators or must have been trained by a certified renovator. Additionally, all renovations must be performed according to EPA lead-safe standards and practices. (Two additional provisions of the law are already in effect – EPA specified notification requirements to owners and occupants, and EPA record keeping requirements.)

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By David C. Swedelson, Esq., Senior Partner at SwedelsonGottlieb; Condo Lawyer and HOA Attorney

Not a week goes by that we do not hear from a manager or member of a board of directors inquiring as to whether or not the association has to enforce the governing documents. Often, the enforcement “issue” has to do with an alleged nuisance that may be impacting only one owner such as cigarette or marijuana smoke, noises from hard surface flooring in the unit above, or an odor. This question often leads to debate between board members, as to whether the association is absolutely obligated to enforce the restrictions and the CC&Rs.

Attorneys have for years generally followed the concept that community associations should not likely bring legal action in neighbor-to-neighbor disputes, even if the dispute involves a violation of the CC&Rs. But does this mean that the association should not get involved at all? Probably not.

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Blog post by David Swedelson, Senior Partner at SwedelsonGottlieb, Condo lawyer and HOA attorney

An interesting article on condos and FHA-backed financing is making the rounds on the Internet. Originally published in the Chicago Tribune Buying and appearing in the February 13th edition of the LA Times, the article (follow this link) states that buying a condominium is getting trickier for anyone who wants to put down only 3.5 percent and have the government insure their mortgage.

The article suggests that the issue isn’t just the borrower’s financial wherewithal; “It’s the building’s, and plenty of condos no longer get a thumbs-up from the Federal Housing Administration.”

As the article points out (and as you have likely heard), since Feb. 1, 2010, condo buyers haven’t been able to secure unit-by-unit “spot” approval for FHA-backed mortgages if an entire association was not certified. Instead, the federal government set criteria to determine the financial viability of an entire building before deeming the project as FHA-approved, even if it had previously been certified. An approval lasts two years.
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SwedelsonGottlieb Senior Partner David Swedelson will be a speaker at the Orange County Chapter of Community Associations Institute’s (CAI) February 14, 2012 educational program “Dealing With Nuisances.” For more information about this program and to sign up, follow this link.

· Learn what a nuisance is and the types of common nuisances.

· Understand issues that need to be taken into consideration with respect to nuisance violations involving smoking, hoarding, hard surface flooring, pets and parking.

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By David Swedelson, Senior Partner, SwedelsonGottlieb, Condo Lawyer and HOA Attorney

We are often asked by boards and managers whether a California condominium or planned development homeowners association (HOA) has the right to have a dog or another pet removed from the association because it violates the association’s governing documents. Sometimes, the violation has to do with the dog creating a nuisance, barking incessantly or creating other problems such as being too aggressive and threatening. Other times, the dog is too large and does not comply with the association’s governing documents, which may limit the size of the dog, or other pet for that matter, that can be maintained at the association. And sometimes, the CC&Rs may limit the number of pets an owner can maintain in their unit.

The answer is yes, an association can seek to have the pet removed if the resident’s pet is violating the association’s governing documents. And there is a good chance that an association would be able to have that pet removed. Such was the case in the San Vicente Villas Homeowners Association vs. Cohen lawsuit which we prosecuted all the way to the California Court of Appeal. We wrote an article some time ago following the Appellate Court’s decision in 2003 confirming the trial court’s decision that Ms. Cohen’s dog must be removed from the Association. Follow this link to our article, The $1000 Per Pound Dog.
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SwedelsonGottlieb Senior Partner Sandra Gottlieb was recently honored by the Orange County Chapter of Community Associations Institute as its 2011 Speaker of the Year. Sandra, along with Debra Warren of Cinnabar Consulting and Farrah Esquer of Cardinal Property Management, received this prestigious award as a result of their January 2011 presentation entitled “Keeping it Professional in a Social Setting.”

Sandra is a regular speaker at CAI-OC seminars and events, as well as seminars held by other chapters of CAI throughout California and nationally. Her next CAI speaking engagement will be on February 17, 2012 with the Channel Islands Chapter, “A Managers’ Townhall: Trending Topics in 2012”. You can also see her at the California Association of Community Managers’ Southern California Law Seminar on February 10, 2012, where she will be a co-speaker on “Stories from the Trenches: 12 Lessons in Community Manager Liability”.

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The following was reported by Community Associations Institute (CAI) by Andrew S. Fortin, Esq., CAI’s vice president of government and public affairs.

The Consumer Financial Protection Bureau (CFPB), which officially opened for business in July, was created by Congress to enforce most federal financial consumer protection laws and to protect consumers from harmful financial products.
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The CFPB has the authority to set standards that govern almost every aspect of the mortgage lending and closing process. Because CAI members have a keen interest in the development of CFPB’s rules and regulations that could affect community associations, CAI recently added a special section about the CFPB to our Mortgage Matters program. CAI is particularly interested in the CFPB’s actions on transfer fees, association assessments, foreclosure prevention, mortgage servicing standards and the definitions of qualified mortgage and real estate settlement fees.
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All of the attorneys at SwedelsonGottlieb will be attending the 2012 Community Associations Institute Law Seminar in Palm Springs. The Law Seminar provides a unique learning opportunity to discuss emerging trends and legislative issues important to the practice of community association law-as well as excellent opportunities for professional networking.

And when they get back, they will be blogging about what they have learned. So be sure to visit https://www.hoalawblog.com for blog postings on new law, emerging trends and what is going on nationally and in California in community association law.

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Once again, the Orange County Regional Chapter of the Community Associations Institute (CAI) has recognized the contributions of several SwedelsonGottlieb attorneys to the community association industry in Orange County with nominations for awards in three categories:

Author of the Year (David Swedelson, Esq., nominee)

Speaker of the Year (Sandra Gottlieb, Esq., nominee)

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