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Articles Posted in Disclosure/Code Compliance

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Civil Code §5300: Amended/New FHA/VA Disclosures Required After July 1, 2016

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys As we previously reported, (follow this link) Section 5300 of the Civil Code was amended in 2015 and becomes effective as of July 1st of 2016. The changes to section 5300 of the Civil Code requires California community associations to include…

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New FHA/VA Disclosures Required in California Condo Annual Budget Reports

By Sandra L. Gottlieb, Esq., Senior Partner and Mark Petrie, Marketing Coordinator at SwedelsonGottlieb On August 12, 2015, Governor Brown signed AB 596, which adds the following two new required disclosures to the Annual Budget Report for California condominium associations (this does not include planned developments or other common interest…

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New Requirements for Pools at Your Common Interest Development

Yes, it’s true, California now requires associations with 25 or more separate interests that have a “public pool” must follow new (2015) daily and monthly testing requirements for the pool water. (Associations with less than 25 separate interests still have to test at least two times per week and at…

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Turn That Thing Off! Why You Should Not Allow Recording of Association Meetings

By Sandra L. Gottlieb, Partner at SwedelsonGottlieb, California Community Association Attorneys A regular question posed by the board members of our community association clients is, “Can or should Board meetings and/or meetings of members be recorded by audiotape or videotape?” While some members may advocate taping meetings in order to…

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How Much Can a Community Association Management Company Charge for Escrow Transfer Disclosure Documents? Whatever the Competitive Forces of the Market Will Allow

Brown v. Professional Community Management, Inc., Berryman v. Merit Property Management, Inc., and Fowler v. M & C Association Management Services, Inc. A question that we are often asked is, “How much can the association or its management company charge for the work done to complete the association’s escrow disclosure…

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Governor Signs AB 2430 Into Law; Amends Civil Code Sections 4828 and 4530; Changes Seek to Clarify Community Association Transfer Disclosure Obligations

By Mark Petrie, Paralegal/Marketing Coordinator and David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys. New legislation amending two of the transfer disclosure sections of the Davis-Stirling Act, Sections 4528 and 4530, will be effective January 1, 2015. Follow this link to review the changes and new language that will be effective…

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New Davis-Stirling Act & Reserve Funding — Updated Law Amounts to New Set of Civil Code References for Reserve Funding Matters

By Robert Nordlund, Association Reserves and David Swedelson, SwedelsonGottlieb The body of statutory law (as opposed to case law) governing California Community Associations, known as the Davis-Stirling Common Interest Development Act, went into effect on January 1, 1986. As the industry developed and matured over the last 27 years, approximately…

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California Community Associations May Be Required to Provide the Owners Email Addresses As Part of An Owner’s Request for Owner Contact Information

By David Swedelson, Partner at SwedelsonGottlieb, Condo Lawyer and HOA Attorney Disgruntled homeowner association members often want to share their “issues” with the other owners hoping to garner sympathy. They ask for the names and addresses for all owners, which the association will likely have to provide. But more and…

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