HOA Law Blog

Blog post by David Swedelson

The California Legislative Action Committee reports that the Assembly Housing & Community Development Committee passed AB 2273 on a unanimous bipartisan vote of 7-0. This proposed legislation will require recordation of foreclosure sales within 30 days after sale.


CLAC reports that the author of the bill, Assembly Member Bob Wieckowski, a bankruptcy attorney, “has a complete grasp of the multiple issues that this bill triggers, which greatly assists [California Community Associations] in dealing with the escalating opposition from the lending community, trustees, land-title companies, and others."

CLAC also stated that in a press release that “[i]f passed, the bill would enable HOAs to know who the new owner of a home is that has been foreclosed, in most cases the lender. This information will enable HOAs to immediately begin invoicing for assessments instead of requiring the shortfall in revenue to be borne by the remaining owners, or defer maintenance, etc.”

In the Legislative Counsel’s Digest, it states that this bill would “provide that an acquiring owner of a separate interest shall, within 30 days of receiving title, provide to the association’s board secretary, agent, manager, or designated representative, a copy of the owner’s deed or other document transferring title to the purchaser acquiring owner of the separate interest and a written notice of the acquiring owner’s mailing address, except as specified.”

No indication as to how an association would enforce this new proposed legislation, as the new “acquiring owner” may not know about this requirement and there is no real sanction for failure to comply.

David Swedelson is a condo lawyer and HOA attorney. David was for many years a delegate to the California Legislative Action Committee. He can be contacted at dcs@sghoalaw.com.

By Sandra Gottlieb, Esq., HOA Attorney and Condo Lawyer

As discussed in a previous blog post, our firm has received many inquiries regarding the Americans with Disabilities Act (“ADA”) 2010 Revised Requirements as they relate to swimming pools, with a March 15, 2012 effective date. Do the ADA’s revised swimming pool requirements apply to your homeowners association? The good news is that nothing has changed from what was previously required and it is likely that these new requirements do not apply to most California community associations. We thought we would provide some additional details regarding these questions.

On September 15, 2010, under ADA Title III (“Title III”), The U.S. Department of Justice published revised, final regulations implementing the 2010 Standards for Accessible Design (“2010 Standards”) for public swimming pools applicable to “public accommodations” (see Title III, Sections 242 and 1009). Compliance with the 2010 Standards is permitted as of September 15, 2010, but was not required until March 15, 2012.

According to the ADA Title III Technical Assistance Manual (“ADA Manual”), in order to be considered a “public accommodation” with Title III obligations, an entity must be private, and it must own, lease to or operate “a place of public accommodation.” According to the ADA Manual, “a place of public accommodation” is a facility whose operations affect commerce and fall within at least one of 12 categories. Bottom line, if your association opens itself up to the public, it may be subject to ADA and thus these new regulations.

Continue reading " Americans with Disabilities Act Revised Swimming Pool Requirements; Do They Apply to Your Association? " »

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

Owners often want to hold their condo or HOA liable for their damages suffered after a burglary of their unit or home or other criminal act. They claim that their association was required to provide (more) security, that the gates were not working or that a light in the common area was out. An association’s liability may depend on many factors such as whether it is a secured complex, the nature of the security services provided, if any, the association’s knowledge of criminal activities in the area and whether the criminal activities are the kind of activities that the complaining homeowner has complained about, etc. But is an association liable merely because it does not provide security? Is the lack of security the cause of the crime? We have found that sometimes the answer to these questions is “yes”. However, more frequently, the answer to these questions is likely “no,” that the association is not liable for the alleged damage(s). And that was the holding in a recent unpublished California court of appeal decision.

In the Girardi v. San Rafael Homeowners Association case, a husband (a prominent attorney) and wife who owned a home in a luxury planned development (located in Pasadena) sued the Alta San Rafael HOA, where their home is located, for negligence after their house was burglarized twice (jewelry and other valuables with a value in excess of a million dollars was alleged to have been taken). The Girardis claimed that their association owed them, as owners, a duty to keep the premises reasonably safe, and breached that duty by failing to hire a security guard, monitor gates, and maintain the streetlights.

Follow this link for David's full article.

Blog post by David Swedelson, Senior Partner at SwedelsonGottlieb, Community Association Attorney; Condo Lawyer and HOA Attorney

We have been receiving calls and emails asking whether California condo, planned development, or stock cooperative HOAs are required to comply with a 2010 change in Federal law that requires that pool lifts be installed at public pools. We are hearing about this now because there is a deadline for their installation.

Have not heard about this pool lift requirement? The 2010 changes to the ADA (Americans with Disabilities Act) for public pool facilities require public pools to be more accessible for disabled persons. Small pools must have at least one accessible means of entry, either a lift or sloped entry. Larger pools must have two accessible means of entry such as a lift, sloped entry with handrails, transfer wall with grab bar, transfer system with steps, or accessible pool stairs. Slope entries and lifts are by far the most common.

Continue reading " Does Your Condo or HOA Need to Install a Pool Lift? " »