HOA Law Blog

Defibrillators - A Good Idea for California Community Associations?

Thu, 26 Aug 2010 13:02:20 -0800

Community Emergency Response Teams

Thu, 26 Aug 2010 12:59:07 -0800

Santa Monica Bans Smoking on Multi-Unit Patios and Balconies (Including Condos)

Wed, 18 Aug 2010 09:05:08 -0800

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 Swedelson & Gottlieb associate attorney, Alex Noland, Esq.

The ADA was signed into law twenty years ago; it likely doesn’t apply to your community associations in any event

Tue, 17 Aug 2010 16:30:13 -0800

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 signs Assembly Bill 2016 Relating To Recording Blanket Request To Foreclosure Trustees

Mon, 16 Aug 2010 12:02:02 -0800

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.

IF YOU’RE HAPPY AND YOU KNOW IT - 70% OF OWNERS LIVING IN COMMUNITY ASSOCIATIONS ARE HAPPY

Wed, 11 Aug 2010 18:47:05 -0800

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.

Residents Are Not Happy With Their Neighbor's New Green And Purple Paint Color Scheme; Not Much They Can Do About It! If Only They Lived In A Community Association.

Mon, 19 Jul 2010 12:06:02 -0800

I read with interest an article that appeared in the Los Angeles Times addressing a La Crescenta neighborhood's uproar over one owner's neon green paint job. Follow this link to read/download the LA Times article.

One neighbor was quoted as saying that the green paint color was “completely inconsistent with the neighborhood. We have a real concern it's going to lower property values.”

Unfortunately, there are no standards in this area, and it's unlikely that anyone can do anything about the neon green. This would likely not be the case if this home were located in a planned development where paint colors are controlled.

I often hear people complain, especially those who are involved in the community association industry, that they would never live in a condominium or planned development because of all of the restrictions and problems. What they fail to realize is that one of the great benefits of living in a community association is the fact that there are restrictions, such as the choice of paint colors or where you cannot park your trailer or motorhome. Most people can live with those restrictions, and if you can't, you can live in the neighborhood with neon green homes and 40 foot trailers parked on the street in front of your home.

Legislation Alert - AB 1726 (Swanson) In Jeopardy

Fri, 25 Jun 2010 10:02:08 -0800

Earlier this year, California Assemblymember Swanson introduced AB 1726, a bill that would benefit California common interest developments. As amended, the bill has been watered down in some respects but improved in other respects, and it remains a valuable piece of legislation. We have recently been alerted by the California Legislative Action Committee, which supports the bill, that the bill is encountering unexpected opposition in the state senate. Please fax a message to the state senate committee members by Monday, June 28 in support of AB 1726.

Are We Really That Opposed to Artificial Turf? Really!

Thu, 10 Jun 2010 17:07:18 -0800

An Editorial by David C. Swedelson, Esq., Senior Partner, Swedelson & Gottlieb

Many of you received an urgent request by the California Legislative Action Committee (CLAC) for grassroots letters to be sent to the legislature opposing Assembly Bill 1793 (Saldana). I am not sure that I agree with what CLAC stated, and I really wonder if this is legislation that the CID industry should oppose.

I do not now personally have any artificial turf at my home, but I have considered it. I do have neighbors that have installed it, and my daughter’s school installed it on the athletic field. I do not have an interest in any company that manufactures, sells or installs artificial turf.

Today’s artificial turf looks a lot different than the “Astroturf” we may be familiar with. Esthetically, the newer products I have seen look like real grass. Even if I get on my hands and knees to check, it is hard to tell if it is artificial grass.

Who is Responsible for Heating/Air Conditioning Ducts and Other Common Area Elements? It is Not That Complicated!

Thu, 10 Jun 2010 14:31:59 -0800

One of the more difficult and confusing issues that boards and association management often have to deal with is determining who is responsible for the maintenance and repair of common area plumbing, ventilation and other utility components, especially those that serve only one unit. Even attorneys sometimes get it wrong and believe that merely because the pipe, duct or wiring serves only one unit, the affected owner is responsible for same. Just because a common area component serves or benefits only one unit does not by itself make that component that owner’s repair and/or replacement responsibility.

Electronic Delivery

Thu, 10 Jun 2010 12:42:24 -0800

Don’t you wish that you could utilize e-mail or other new technology to disseminate important association documents? Maybe you can! Effective January 2010, Civil Code Section 1350.7 was amended to allow community associations to send certain documents to the owners via e-mail or other methods of electronic delivery. Our Senior Partner, Sandra Gottlieb, has prepared an article regarding electronic delivery and the amendment to Civil Code Section 1350.7. This article was published in the March/April 2010 edition of the O.C. View, the bi-monthly publication of the Orange County Chapter of the Community Associations Institute. Follow this link to read this important article.

Who is Watching Your Pool?

Thu, 10 Jun 2010 12:37:39 -0800

The kids are getting out of school for the summer, and the weather is heating up. This will mean that there will be more residents and their guests utilizing community association swimming pools. Who is watching your pool? Do you have lifeguards or pool monitors? Have you considered the difference? Do you know the difference? Alex Noland, an Associate Attorney at Swedelson & Gottlieb, has written an article on this subject which was recently published in the O.C. View, the bi-monthly publication of the Orange County Chapter of the Community Associations Institute. Follow this link for a copy of the article.

California Appellate Court Rules that a Developer Cannot Force HOA to Arbitrate Defect Claims Based on a Provision in the CC&Rs

Fri, 28 May 2010 16:37:44 -0800

By Alyssa Klausner, Swedelson & Gottlieb Senior Associate

In the case of Villa Vicenza Homeowners Association V. Nobel Court Development (follow this link to see the entire decision), the developer of a condominium project recorded a Declaration of Covenants, Conditions and Restrictions (CC&Rs) which required a homeowners association to arbitrate any construction defect claim the association might have against the developer. The Court ruled that the CC&Rs are not an effective means of obtaining an agreement to arbitrate a homeowners association's construction defect claims against a developer.

The basis of the Court’s decision was that the recorded CC&Rs, standing alone, are not a contract between the developer and the homeowners association, which only came into existence after the CC&Rs were recorded, and therefore there has been no showing the association entered into a binding arbitration agreement.

We have represented several associations that have had to deal with this issue, and we are pleased to have an appellate court decision confirming that such provisions in CC&Rs are not enforceable. If you have any questions regarding how this case impacts your association or about defect cases in general, please contact Alyssa Klausner, Esq. at (310) 207-2207, Ext. 205.

Hooray, AB 2502 Is Dead; But What About The Waiver and Partial Payment Issues, and Why Did CLAC Support This Bill?

Wed, 26 May 2010 11:27:59 -0800

As we reported in April, Assemblymember Julia Brownley had proposed AB 2502, which would have made assessment collection in California even more difficult than it already is. We have great news. Because of all of the opposition she received (your letters and emails were acknowledged) and because some of those that backed the bill withdrew their support when Brownley amended parts of the bill, Brownley likely realized that compromise was impossible, the bill never made it out of committee and it did not advance to the floor for a vote. This legislation would have imposed new and unwarranted restrictions on the assessment collection process for California community associations.

Brownley had agreed and did amend the bill to eliminate the requirement that associations wait until the delinquent owner owed $3,600 or was 18 months delinquent before foreclosing. But she had left in the proposed prohibition on a waiver of the provisions of Civil Code Section 1367.1 relating to the allocation of payments, as well as the proposed prohibition on not accepting partial payments, and we learned that these issues were not only misunderstood by the legislator, but by others in the community association industry as well.

And why did the Community Association Institute's California Legislative Action Committee (CLAC), which had originally opposed the bill, then decide to support this flawed legislation?

To learn more about why the waiver and partial payment prohibition are important to California community associations, download our full article.

Community Associations May Be Able To Recover Payments From Unlicensed Contractor Even If Contractor Was Licensed For Part of the Job

Tue, 25 May 2010 09:47:56 -0800

Where a homeowner paid an unlicensed contractor for landscaping work at his home, his knowledge that the contractor was not licensed when work commenced did not bar an action for full reimbursement under Business and Professions Code Sec. 7031(b), and the homeowner was entitled to recover the total amount paid even though the contractor was licensed during a portion of the work. The homeowner was also entitled to recover payments for materials retained by him, in addition to payments for labor.

This applies to California Community Associations who hire contractors and then find out they are not licensed. This may sound unfair, but the penalty is designed to discourage unlicensed contractors from performing contracting work.

Click here for the full text of the Alatriste v. Cesar's Exterior Designs, Inc. case recently decided by the California Court of Appeal.