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Articles Posted in CC&R and Rule Enforcement

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The 28-day membership comment period is not required for all proposed rule changes.

Did you Know? By Leena Danpour, Esq. The 28-day membership comment period is not required for all proposed rule changes. Yes, you heard it here. Pursuant to Civil Code section 4360, Boards of Directors must provide written notice to the membership of proposed rule changes and provide twenty-eight (28) days for…

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Hard Surface Flooring Considerations To Allow or Not to Allow, That is the Question

As many condominium association boards know, hard surface flooring is a popular trend and homeowner demands for its installation are increasing. Benefits of hard surface flooring include its hypoallergenic properties and its durability, and some homeowners simply prefer its aesthetics. In view of this, associations need to consider the following…

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Sandra L. Gottlieb featured author in CACM Law Journal

Please catch Sandra L. Gottlieb’s article Dealing with Assistance Animals regarding processing reasonable accommodation requests for assistance animals featured in the CACM Fall Law Journal. In the article, Sandra discusses different types of requests, animal rules, and planning for accommodations. To read the full article, click here.  

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AB 3182 Creates a New Law that Restricts Community Associations’ Enforcement of Some Rental Restrictions

We have bad news. Despite a lot of lobbying work, the legislature passed, and the Governor signed into law Assembly Bill 3182 (“AB 3182”), which amends Civil Code section 4740 and adds a new section 4741 to the Civil Code. Pursuant to the new section 4741, an owner of a…

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Condo Associations Can Regulate Nuisance Hard Surface Flooring (Even If the Owner Has Allergies); Ryland Mews v. Munoz

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys Many homeowners want hard surface flooring instead of carpet. And they will often present a prescription from their doctor for a hard wood floor in an effort to get around their association’s restrictions or prohibitions on hard surface flooring. Yes, a…

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View Law in Laguna Beach Provides Some Good Ideas For California HOAs

By David Swedelson, Senior Partner at SwedelsonGottlieb, Community Association Attorneys The City of Laguna Beach has for a long time had an ordinance that provided homeowners in that city some protection of their ocean and mountain views. According to a recent LA Times article, the City adopted a new view…

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Culver City Smoking Ordinance Impacts Condos; Upcoming Deadline & Questions of Enforcement

By David Swedelson and Kevin McNiff, Community Association Attorneys at SwedelsonGottlieb In August of 2014, we wrote about Culver City’s no-smoking ordinance that would affect common interest developments. The full text of the ordinance may be read through the city’s website here. We have recently received questions from concerned association…

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California HOAs Cannot Restrict An Owner From Flying The American Flag

Interesting article on restrictions on flying the American flag in Utah. Follow this link to read attorney Peter Harrison’s article that addresses this issue. His article references the great respect that many of us share for our flag and what it stands for. According to Harrison’s article, the Freedom to…

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New Florida Law Regarding Fining and Suspending Use Rights Tells Us That They Do It Differently

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys If you thought that the laws in other states regarding condos and HOAs were the same as ours, you were way wrong. And that is certainly the case when it comes to fining and/or penalizing owners for violations. On July 1,…

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SwedelsonGottlieb Assists HOA’s Successful Effort To Make Individual Buildings Become Smoke-Free

By David C. Swedelson, Esq. and Mark Petrie, Marketing Coordinator at SwedelsonGottlieb, Community Association Attorneys Complaints about secondhand smoke are increasing, and many associations are looking for options for dealing with the issue. Many boards want to propose an amendment to the association’s governing documents but are concerned about enforcement,…

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