February 23, 2010

David Swedelson will be a Speaker at CAI-GLAC Technology Program

On February 24th (this Wednesday), David Swedelson, along with Tim Cline of the Timothy Cline Insurance Agency will be presenting a program on how technology can help you, as a board member, manager or community association vendor, to be more
productive by taking advantage of new computer technology. They will be talking about Outlook and similar programs, scanning options for an almost paperless office, dictation and transcription programs, programs to help you stay organized, recording
devices, video cameras, PDAs and more. Who knew that David and Tim were computer and technology geeks?!

February 23, 2010

What We Learned at CAI's 31st Annual National Law Seminar in Tucson, Arizona

Despite the wind, rain and cold weather that followed us from Southern California, Swedelson & Gottlieb attorneys David Swedelson, Stephanie Rohde and Alyssa Klausner recently attended the 31st Annual CAI National Law Seminar in Tucson, Arizona. We
have written an article about what we learned from this excellent seminar; follow this link for a copy of the article.

February 23, 2010

David Swedelson and Sandra Gottlieb Nominated for CAI-GLAC's Excellence in Education Award

David Swedelson and Sandra Gottlieb were recently nominated for the Greater Los Angeles Chapter of CAI's Excellence in Education Award. Sandra was nominated, along with Karen Kokowicz, Manager of Westview Towers HOA (our client), for their program entitled How to Say No and Keep Your Job. David was nominated, along with Candace Gottlieb-Clark (of Mediating Solutions), Michael Huffman (Management Professionals, Inc.) and Dick Preuss for their program, Building Community
Through Reasonable Rules.

Continue reading "David Swedelson and Sandra Gottlieb Nominated for CAI-GLAC's Excellence in Education Award" »

February 23, 2010

Alex Noland Nominated for CAI-OC Rookie of the Year Award

Alex Noland, a Swedelson & Gottlieb Associate Attorney, has been nominated for the 2009 Rookie of the Year Award by the Orange County Regional Chapter of the Community Associations Institute. Alex became a volunteer member of the Programs Committee of CAI-OCRC in September 2009, and he has been helping to plan and implement monthly educational luncheons and workshops for CAI-OCRC members. Alex has also been asked by the CAI-OCRC Publications Committee to author articles for O.C. View, the magazine for CAI-OCRC members. The 2009 CAI-OCRC annual awards dinner will be held on Friday, February 26, 2010 at the Orange Hill Restaurant in Orange.

February 19, 2010

Collecting Delinquent Assessments in a Troubled Economy

David Swedelson was a speaker on a panel with this title at CAI’s recent 31st Annual CAI National Law Seminar in Tucson, Arizona. In preparation for that program, David Swedelson and firm Associate Stephanie Rohde authored an article entitled Collecting Delinquent Assessments in a Troubled Economy. Click here to download a PDF copy of that article which addresses assessment collection issues throughout the United States.

January 28, 2010

A Building Component Does Not Become Common Area Just Because It Was Placed or Built On The Common Area

A Building Component Does Not Become Common Area Just Because It Was Placed or Built On The Common Area; Homeowner Cannot Escape Maintenance Responsibility Based Upon Developer's Mistake. Chen v. Fairmont Terrace Homeowners Association (2001) 2001 WL 1191483 (Cal.App.4 Dist.) Not Officially Published
This is a case that was handled through appeal by Swedelson & Gottlieb Partner David Swedelson.

Owners will often insist that their association is responsible for maintaining or repairing a building improvement or component that would normally be their responsibility merely because of where it is located. Nathan Chen found out the hard way that where the component is located is not the criteria.

Continue reading "A Building Component Does Not Become Common Area Just Because It Was Placed or Built On The Common Area" »

December 31, 2009

Accidental Voicemail Spills the Beans--Be Careful Out There

We have all heard stories about accidental e-mails. How about accidental voice mails? I guess it can happen. The Los Angeles Daily Journal reported that a lawsuit is moving forward based on a voicemail that was accidentally left on an attorney's system. The article states: "The three men thought they had hung up after leaving a message for one of Jasmine's in-house lawyers, but the voicemail continued to record as they openly discussed the theft of trade secrets on speakerphone. Marvell fought all the way to the California Supreme Court to get the voicemail erased based on attorney-client privilege, but the court punted the case back to the 6th District, allowing to stand its ruling that the lawyers waived the privilege by discussing possible fraud."

If you are discussing confidential matters, it is best to make sure that you keep it confidential. Be careful out there.
Click here
to read the article

December 11, 2009

IS THE “GREAT RECESSION” OVER YET? FOR CALIFORNIA COMMUNITY ASSOCIATIONS, NOT BY A LONG SHOT!

By: David C. Swedelson, Esq.,
Senior Partner at Swedelson & Gottlieb

Community managers have been telling us over the last year that much of their time has been consumed by matters relating to delinquent assessments. And they are not just referring to the basic mechanics of the collection process. They are also referring to the many questions that come up, the calls and emails from owners and board members, the foreclosure notices, the bankruptcies, and the list goes on. They lament that this is taking them away from doing their core responsibilities relating to maintenance and repair, etc.

Managers and board members alike are concerned about the impact that this recession is having on the communities they govern or manage. They are concerned about the deficit in the budget that is caused by their associations not receiving all of the revenue that was expected when the annual budget was prepared and the resulting lack of money to do all of the maintenance and repair that is required.

Because of the impact the recession is having on our client base, I have been monitoring articles and reports from experts regarding when we might reach the end of what is now being called the “Great Recession.”

Continue reading "IS THE “GREAT RECESSION” OVER YET? FOR CALIFORNIA COMMUNITY ASSOCIATIONS, NOT BY A LONG SHOT! " »

December 9, 2009

How to Perfect an Assignment of Rents Clause in CC&Rs

By Joan E. Lewis-Heard, Esq.
Senior Associate; Swedelson & Gottlieb

For those community associations whose CC&Rs provide for assignment of rents from a tenant in the event an association owner who is renting their unit or home is delinquent in the payment of assessments, an association may collect the rent directly from the tenant to pay delinquent assessments.

If done properly, this can be done without a court order or the expense of a court appointed receiver. In order to do this, the following is required: 1) the CC&Rs must have an assignment of rents clause; 2) a lien for the delinquent assessments should be recorded to secure the debt; and 3) a statutory Demand to Pay Rent to a Party Other than Landlord, pursuant to Section 2938 of the Civil Code, is required to be delivered by mail or by hand to each tenant of the property and the landlord/owner. Follow this link for the required text of the demand to pay rent to party other than landlord.

Continue reading "How to Perfect an Assignment of Rents Clause in CC&Rs" »

December 6, 2009

Can you Avoid Webtribution— Toxic Disinhibition Posted By David C. Swedelson, Esq.; Swedelson & Gottlieb

We see it on the web all the time, articles highly critical of politicians, actors, pop stars and others. Then come the highly inflammatory comments from readers using anonymous names. There are websites where you can critique restaurants, shops, services, etc. Sometimes these criticizers write some of the nastiest things. We are now seeing this type of nastiness on websites set up by disgruntled community association owners.

I recently read an article on the internet that addressed this very phenomena, calling it webtribution. Click here to read the article.

The author comments on people who write nasty reviews for a restaurant or book, “not because they dislike the product, but because they dislike the person who created it. Or signing up an acquaintance for email advertising lists. (I can assure you that if your inbox suddenly fills up with ads for male-enhancement treatments, someone is out to get you.)”

The author asks why we are not mature enough to “resist the temptation to seek Webtribution—even if it seems easy and (we hope) untraceable?
It's simple: The Internet turns us into a mob.“

The author quotes the director of the Massachusetts Aggression Reduction Center (who knew there was such a Center) and professor of psychology at Bridgewater State College in Bridgewater, Mass. "We know that in a mob people will do socially unacceptable things they would never otherwise do." Her answer: "They feel invisible, so they cede responsibility."

The article states that psychologists have actually coined a term for this: the "online disinhibition effect," suggesting that they divide this type of behavior into two categories: "benign disinhibition" (which is what happens when someone says something private they might not have shared publicly with many people offline) and "toxic disinhibition" (expressing rudeness, anger, criticism or hate).

And, the author suggests that we need not look further than the websites that cater to retribution “if you want to see what toxic disinhibition looks like.”

Toxic disinhibition. . .Who knew?!

November 5, 2009

What Makes a Rule Reasonable or Unreasonable?

We are often asked by Boards about what is a reasonable rule. The answer is that I know it when I see it. We prepared an article that addresses this very issue. Click here for that article, "What Makes a Rule Reasonable or Unreasonable? I Know It When I See It!" By David C. Swedelson, Senior Partner of Swedelson & Gottlieb.

November 5, 2009

No, You Cannot Adopt a Rule that is More Restrictive than the Provisions of the Association’s CC&Rs

Knowingly or unknowingly, sometimes boards adopt rules which are in conflict or more restrictive than the association’s CC&Rs. For example, they make specific rules regarding prohibitions on the installation of washing machines when the CC&Rs are silent on the matter. Boards sometimes prohibit hard surface flooring when this is likewise not covered by their association’s CC&Rs. We sometimes see rules that limit the number of or size of animals that homeowners are able to maintain when this is likewise not covered by the association’s CC&Rs. Sometimes, these rules end up in litigation, especially when the board tries to enforce same. Often the board of directors will argue that the court must defer to their discretion when they are performing their duties. While usually the courts will defer to the board of directors when it comes to decisions covered by the association’s governing documents, this is not true when the board has exceeded its authority.

Such was the case involving an association in Orange County, California, where the board decided they were not going to make homeowners “trim” their palm trees to eliminate a view obstruction and made a rule regarding this even though the association’s CC&Rs prohibited any view obstructions from landscaping. Firm attorneys David C. Swedelson and Stephanie M. Rohde have prepared an article entitled “Decisions of Boards of Directors Regarding Enforcement of Governing Documents Cannot Usually Be Second Guessed Unless the Decision is More Restrictive than the CC&Rs.” Click here for a PDF copy of this important and timely article.