By David C. Swedelson and Sandra L. Gottlieb, California Condo Lawyers and HOA Attorneys It’s fall, and that means that most community association board members and management are busy finalizing their budgets (this applies to most community associations that have a calendar fiscal year). Unlike the old days, the budget…
Articles Posted in Disclosure/Code Compliance
Renting Storage Space to Owners
By Joan E. Lewis-Heard, Esq., Attorney, SwedelsonGottlieb Edited by David C. Swedelson, Esq. Many California condominium associations have common area storage lockers, rooms or areas that are made available to the owners. Sometimes, the storage area is assigned in a deed as exclusive use common area. More often than not,…
How Much Should Your Reserve Contributions Be?
Blog Posting by David C. Swedelson, Senior Partner, SwedelsonGottlieb. I just read an excellent article by Robert M. Nordlund, P.E., R.S. with Association Reserves, Inc. that addresses the issue of how much California condominium associations should be reserving. He starts out with the proposition that “[t]ypically (that is a dangerous…
Do You Tow Vehicles At Your Association(s)? Are You Complying With the Vehicle Code?
Prepared By David C. Swedelson. We are amazed by the number of board members and managers that do not know that there is a Vehicle Code Section (§22658) that addresses how and when California condominium and planned development community associations can tow vehicles that are not legally parked. Compliance with…
Association Does Not Have to Stop Water Intrusion Into Condominium Units
Calemine v. Jared Court Homeowners Association, Inc. In an unpublished opinion, the California Court of Appeals, relying on the Supreme Court’s decision in Lamden, upheld a trial court ruling that a condominium association, acting in good faith and in the best interests of the community, can decide not to take…
Owners Are Not Entitled To Inspect or Copy Attorney Billing Invoices
Posted by David Swedelson From time to time we hear from association clients that are in a dispute with owners over documents that the owner wants to inspect or copy. They often want copies of the attorney’s billing statements. The problem is that most attorneys are descriptive as to the…
The ADA was signed into law twenty years ago; it likely doesn’t apply to your community associations in any event
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…
Electronic Delivery
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…
SwedelsonGottlieb Publishes its 2009-2010 Annual Checklist
It is October, and many association boards of directors and managers are in the process of preparing their associations’ 2010 budgets and statutory disclosure mailings. As we have done every year for the last decade, we have posted SwedelsonGottlieb’s Annual Disclosure and Notice Checklist to assist you with that process.…
Do You Have An Internal Dispute Resolution Process
Effective January 1, 2005, Assembly Bill 1836 changes the current requirements and process for Alternative Dispute Resolution, by amending the existing provisions of the Davis-Stirling Common Interest Development Act (“Act) and adding additional provisions to the Act. This Bill was introduced to enact recommendations made by the California Law Review…