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Articles Posted in Davis-Stirling Act

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California Legislature Fixes the Law on Member Notice & Notice of Rule Changes-Amends Civil Code §4040 and Civil Code §4360

By the Community Association Attorneys at SwedelsonGottlieb Through SB 261, the California Legislature fixed some issues with prior legislation dealing with delivery of notices and related matters and generally fixed some issues that had come up after prior legislation was adopted. This bill became effective in January 1st and amends…

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SB1265 – A Dumb Idea for a Bad Law

A senate bill seeking to prohibit California community associations from establishing qualifications for candidates to run for their boards of directors among other changes and requirements (including possible invasion of owner privacy) is a dumb idea that would create bad law. On April 5th, Los Angeles Times’ Sacramento columnist George…

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Newly Enacted Civil Code Section 4515 Seeks to Protect Political Speech and Peaceful Assembly at California Community Associations

By Joseph L. Gilman, Esq., Associate at SwedelsonGottlieb, Community Association Attorneys Effective January 1, 2018, Civil Code Section 4515 was added to the Davis-Stirling Act to protect certain rights of political speech and peaceful assembly within the boundaries of a common interest development. Senator Bob Wieckowski originally presented new Civil…

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What Your California Condominium Association Needs to Know About the New Solar Bill – AB 634! And Yes, Owners May Be Able to Install Their Solar Energy System On The Common Area Roof

By Nicholas Marfori, Esq. and David Swedelson, Esq., Community Association Attorneys at SwedelsonGottlieb As you may have heard, the Governor signed into law new legislation that now changes a California condominium’s associations ability to prohibit an owner from installing a solar energy system on the common area roof. AB 634,…

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New Year, New Laws for California Community Associations/CIDs-2018

By Sandra Gottlieb, Esq. CCAL, Senior/Managing Partner, SwedelsonGottlieb, Community Association Attorneys Recent legal Developments affect community association interests in a variety of ways. In 2017, the California Court of Appeal decided several cases concerning such issues as title to common area and board member liability. These cases may be instructive…

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2017 – 2018 DISCLOSURE AND NOTICE CHECKLIST For California Community Associations

SwedelsonGottlieb annually updates and publishes its Disclosure and Notice Checklist as a resource for Managers and Board Members of California Community Associations. The updated Checklist is 14 pages (there are a lot of things that California community associations are required to give notice of or disclose) and sets out what…

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Amended Civil Code Section 4775 Clarifies Responsibility for Exclusive Use Common Area — Has Your Association Adjusted to The Changes?

By David C. Swedelson, Community Association Attorney at SwedelsonGottlieb Many California community association’s CC&Rs, particularly those in older communities, do not clearly state who is responsible for the repair or replacement of exclusive use common area. This typically relates to the waterproofing of patios and balconies at most condo associations.…

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SwedelsonGottlieb Urges Governor Brown to VETO AB 634

According to CAI’s California Legislative Action Committee, there is still time to stop AB 634, a bill that impacts a condominium association’s ability to control the placement of solar panels in common interest developments. BUT YOU MUST ACT TODAY BEFORE THE GOVERNOR SIGNS THIS BILL INTO LAW. CAI reports that…

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New Law Requires That California Community Associations/HOAs Request That Members Provide Their Contact Information — New Civil Code § 4041

By the Community Association Attorneys at SwedelsonGottlieb. Starting January 1, 2017, every California community association will be required to ask its members to provide their contact information and property status. New Civil Code § 4041 will require, starting January 1, 2017, that each association must solicit the following information from…

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Temporary Relocation: New Davis-Stirling Act Makes It Clear That Owners Pay Their Own Expenses

By David Swedelson and Cyrus Koochek, Community Association Attorneys at SwedelsonGottlieb Since the old Davis-Stirling Act was made into law in 1985, there has been a small debate over whether an owner or their association is responsible for temporary relocation costs incurred when owners in a common interest development are…

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