HOA Law Blog

In August, David C. Swedelson, Esq. participated on a panel for the Channel Islands Chapter of CAI on Disaster Preparedness. Part of David’s presentation dealt with AEDs (defibrillators) and whether they are a good idea for community associations. View the presentation below or download a pdf file here.

In August, David C. Swedelson, Esq. participated on a panel for the Channel Islands Chapter of CAI on Disaster Preparedness. Part of David’s presentation dealt with CERTs (Certified Emergency Response Teams) and whether they are a good idea for community associations. View the presentation below or download an article here.

On July 27, 2010, the Santa Monica City Council voted to adopt a city ordinance banning smoking within 25 feet of a door or window in any multi-unit residential building. This new city ordinance will go into effect in September 2010 and will effectively bar residents of condominiums and apartment buildings from smoking on patios, balconies and terraces adjacent to their dwelling, whether or not those areas are considered a part of the unit/apartment or exclusive use common area. Currently under the ordinance, there is no fine by the City for violation of the ordinance, but violators can be taken to small claims court for a violation, which could result in the court imposing penalties. The City is currently exploring other enforcement options.

This new ordinance is indicative of Santa Monica's history of restricting smoking in public places and trying to diminish the effects of secondhand smoke. Santa Monica previously enacted a City ordinance that bans smoking in the common areas of all multi-unit developments. It is unclear whether this ordinance will be adopted by other cities, but it points to the anti-smoking direction that many cities and communities are heading towards. The Santa Monica Daily Press recently published an article regarding the new ordinance.

This blog post by SwedelsonGottlieb associate attorney, Alex Noland, Esq.

The Americans with Disabilities Act (“ADA”) recently celebrated its twenty (20) year anniversary. The ADA has had a significant impact on all of us by knocking down architectural construction barriers that had previously prevented people with disabilities from being able to access public facilities, for example by making sure that business entrances are wheelchair accessible, requiring that store aisles be widened, and mandating other modifications that provide people with disabilities the ability to access public buildings and public recreational facilities. However, despite what some homeowners will want their associations to believe, the ADA does not generally apply to California community associations. The purpose of the ADA has always been to provide people with disabilities access to public places, and community associations are, for the most part, private and not public.

In the winter of 2009, the Greater Los Angeles Chapter of Community Associations Institute published an article written by firm attorneys David C. Swedelson and Stephanie M. Rohde entitled “Does the Americans With Disabilities Act (“ADA”) Apply to Your Association? Probably Not!” Follow this link to read or download a copy of their article. And if you have any questions regarding whether the ADA applies to your California community association, please do not hesitate to contact David C. Swedelson, Esq., at dcs@sghoalaw.com or Stephanie M. Rohde, Esq., at smr@sghoalaw.com.

Governor Arnold Schwarzenegger signed Assembly Bill 2016. Assembly Member Norma Torres (Dem, Pomona; she chairs the Assembly Housing Committee) authored this bill and her press release is set out below.

AB 2016 relates to the notice that can be recorded on a property in a community association that tells a foreclosure trustee that they are required to provide certain information to the association. This bill will allow California community associations to record a single "blanket" recordation for all homes or units at an association rather then the one notice per property under prior law.

The recorded notice requests a foreclosure trustee to mail a notice to the association of:

1) The name and mailing address of the successor in interest that acquired title to a property that was foreclosed on; and

2) The date the sale of the property took place.

While there is not much an association can do if a foreclosure trustee fails to comply, the hope is that when they do provide the information requested, that will make finding the new owner easier and sooner for purposes of giving them notice of the assessments and other obligations and of course will hopefully make collecting assessments easier as well. This new legislation takes effect January 1, 2011.

AB 2016 is a follow up bill to Senate Bill 1511 (Ducheny, Dem, San Diego) from 2007 that allows California community associations to find out who the new owner is sooner then was possible previously.

Below is the the press release from the author of this bill, Assembly Member Norma Torres.

Continue reading " Governor Arnold Schwarzenegger signs Assembly Bill 2016 Relating To Recording Blanket Request To Foreclosure Trustees " »

An interesting article by Skip Roberts, PCAM, with Summus Association Management was published in the second quarter of 2010 Channels of Communication Newsletter from the Channel Islands Chapter of CAI.

Skip reported on a Zogby International Research Report that had been sponsored by the Foundation of Community Association Research. The Zobgy Poll not only determined that 70% of owners are satisfied with their community association (this was apparently the same result that Zogby had found in 2005, 2007, 2009), their research confirmed that residents are satisfied with their associations, association board members strive to serve the best interest of the community, community managers provide value and support to Associations and homeowners value the return they get for their association assessments. Interesting information. Follow this link to read a copy of the entire article.