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Articles Posted in Legislative Developments

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NEW LAWS EFFECTIVE JANUARY 2023 and OTHER RECENT CHANGES IN THE LAW IMPACTING COMMUNITY/HOMEOWNERS ASSOCIATIONS

By: The Attorneys at SwedelsonGottlieb As it does just about every year, the California Legislature has made changes to the law impacting community association’s statewide. This article covers those changes effective January 1, 2023 and other recent changes in the law that are worthy of being mentioned, as they may…

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NEW AND HELPFUL FEDERAL RESOURCES REGARDING ASSOCIATION WORKPLACE SEXUAL ORIENTATION AND GENDER IDENTITY FROM THE EEOC

The United States Equal Employment Opportunity Commission (“EEOC”) recently created a new webpage with helpful practical information to guide employers and employees about employment discrimination based on sexual orientation and gender identity. This new webpage provides additional clarity about sexual orientation and gender identity protections based on the 2020 Supreme…

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Proposed Senate Bill (SB) 323 (Wieckowski) Eliminates Qualifications For Serving On The Board and Changes The Law On California Community Association Elections; It Is Not the Right Solution

Prepared by the Community Association Attorneys at SwedelsonGottlieb Senate Bill 323, proposed new law that would impact how California community association conduct elections, was approved by the Senate and Assembly was presented to Governor Newsom for his signature. This proposed legislation will impact and change the procedural requirements for most…

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AB 2912 Fraud and Embezzlement//Fidelity Bonds & Financial Review

From the Community Association Attorneys at SwedelsonGottlieb It is no secret that community associations are often targets for embezzlement. But they are not alone. Newspaper articles tell us that it happens to various types of businesses and organizations, even attorneys and lawyer/bar organizations. Fraud and embezzlement seems more likely to…

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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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