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Blog posting by David Swedelson, California HOA and Condo Lawyer and Legal Expert
Interesting article and perspective regarding the Federal Housing Administration’s (FHA’s) new guidelines for condominium loan offers from fellow community association attorney Stephan Marcus (Massachusetts).

Steve notes that “the FHA published the first iteration of this guidance in June 2009, with little, if any, input from the community association industry. The FHA’s new Guidelines, unveiled in late June 2011, indicate that FHA officials listened to the concerns expressed by the Community Associations Institute (CAI) and others, and responded to at least some of them. Apparently CAI is challenging the latest guidelines arguing that FHA violated both the Administrative Procedures Act and its own rule-making procedures by failing to consult affected industries and interest groups.”

The new FHA Guidelines are available at this link.

Steve states that although improved in some areas, the revised guidelines are still problematic and believes that in some cases, they are even more problematic than before.
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By David Swedelson, California Condo and HOA Legal Expert and Community Association Attorney

I came across an interesting article from a law firm in Florida (by attorney Lisa Magill with Becker & Poliakoff) that addresses the fact that after a bank forecloses, many boards are writing off the debt without considering all of the association’s collection options.

Yes, it is true that trying to collect from some delinquent owners may be a waste of time. But a board should be cautious in making that assumption without knowing if the homeowner has or does not have money or other assets. Boards should consider evaluating collection options.
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By David Swedelson, Community Association Attorney and Partner at SwedelsonGottlieb

The Davis-Stirling Common Interest Development Act is the common name of the portion of the California Civil Code beginning with section 1350, which governs condominium, cooperative, and planned unit development communities in California. It was enacted in 1985 by the California State Legislature and has been amended over 45 times.

There are many homeowner associations that look like any other and collect fees and assessments, but in fact are not subject to the Davis-Stirling Act based on the holdings in Mount Olympus Property Owners Ass’n v. Shpirt, 59 Cal. App. 4th 885 (Cal. App. 2d Dist. 1997) and Comm. to Save the Beverly Highlands Homes Ass’n v. Beverly Highlands Homes Ass’n, 92 Cal. App. 4th 1247 (Cal. App. 2d Dist. 2001).

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The following is excerpted and edited by David Swedelson from an article prepared by Jan Frankel Schau Mediator/Arbitrator/Attorney. Jan was an associate at SwedelsonGottlieb several years ago.

How many times have you been in a meeting with the board and a homeowner regarding the owner’s violation of the rules, CC&Rs or addressing damage they have caused to the common area? Many, I bet. And how many times have you cringed because neither the board nor the owner could get to closure on a deal, a settlement of the dispute. Everyone danced around the issues, but no one knew how to close a deal. Many people educated in negotiation tactics or skills have some tools they use to make a deal. Jan Schau analogizes to the TV show, “Pawn Stars.”

She says that she hesitates to admit it, but she has learned a thing or two about negotiation from the TV show, “Pawn Stars”. She goes on to state that in this show (which I myself have enjoyed viewing), the owners of a Las Vegas Pawn Shop negotiate face to face to purchase used and unwanted “treasures” that have an unknown or uncertain value. Invariably, the “final offer” is accompanied by a smile, an extended hand and an expectation that the seller will accept that offer, even though it doesn’t meet his last demand. The owners of the pawn shop are adept at making every seller feel great about selling their junk/treasures and getting a great deal in exchange.

Here’s how it works in the context of a board and owner at a community association:
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By David Swedelson, California Condo and HOA Attorney, Senior Partner SwedelsonGottlieb

All too often we are called in to deal with a dispute over a contract that the association entered into with a contractor or vendor. And I am often surprised to learn that the board and management really do not understand what a binding contract is (and what it is not).
What needs to be understood is that the foundation of every legal transaction is the document known as a contract.
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On Tuesday, June 28, 2011, David Swedelson of SwedelsonGottlieb and Timothy Cline of Timothy Cline Insurance Agency will present their technology program, “Beyond Ctrl, Alt, Del (Taking your Tech to the Next Level)” at Community Association Institute’s Channel Islands Chapter.

Download this PDF page for a handy link reference to some of the cutting edge technologies covered in the program.

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By David Swedelson, Senior Partner, SwedelsonGottlieb

As reported in several publications, including this article from MSNBC, Timothy Adams, a member of a homeowners association in Omaha, Nebraska, has taken some unusual steps to engender support for his fight against his homeowners association as he battles to keep solar panels installed on his home.

According to the MSNBC article, homeowner Adams is being sued by South Shore Heights Homeowners Association after he refused to take down the solar panels he had installed on his roof. While we have seen owners publicize their positions in letters in an effort to garner fellow owner support for their positions, Adams is spending a lot of money (and vows to spend even more) trying to generate support for his cause by putting up billboards, launching a webpage, sending letters to neighbors and utilizing social media.

OmahaBillboardSolar.jpg
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By Joan E. Lewis-Heard, Esq., Attorney, SwedelsonGottlieb

Edited by David C. Swedelson, Esq.

Many California condominium associations have common area storage lockers, rooms or areas that are made available to the owners. Sometimes, the storage area is assigned in a deed as exclusive use common area. More often than not, these areas are not assigned, and the board has the ability to assign and rent them to owners. And boards and the association’s management often have no idea of the issues that storage areas can create until they are smack dab in the middle of a dispute with an owner.

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SwedelsonGottlieb, Condo Lawyers and HOA Attorneys

You may not be aware, but 2011 has been a historical year for California hockey, as California’s three NHL teams, the San Jose Sharks, LA Kings, and the Anaheim Ducks, all made the playoffs for the first time together. Or perhaps you were aware of this incredible feat due to the multiple proud fan displays, signs, and banners gracing the homes in your community.

But what would this momentous occasion have to do with HOA law? I am so glad you asked.

In Florida, some homeowners associations had their hands full this year as the Tampa Bay Lightning, who also made the NHL Stanley Cup playoffs, sent banners, flags and lawn signs to its devoted fans for display. Alas, as this news story reports, some Tampa HOA members who displayed such signs on their property were met with opposition by their association. Read the story as to how the ingenious owner got around the association’s objections.
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We just received CACM’s 20th Anniversary publication. SwedelsonGottlieb and Association Lien Services congratulate the California Association of Community Managers (CACM) on providing 20 years of leadership and education for California’s community managers. CACM’s record of support for managers and the communities they serve is truly extraordinary, and homeowners across the state have CACM to thank for a better quality of life in their associations.

CACM’s publication included a retrospective of the major milestones in its development from its formative years through today. It contains a number of photographs of members, attendees at events and participants, and we were pleased to see a 1999 photograph of Senior Partners David Swedelson and Sandra Gottlieb and a 2009 photo of Sandra Gottlieb receiving CACM’s Lifetime Achievement Vision Award.

We look forward to many more years of working closely with CACM and supporting California’s community association managers.

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