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Articles Posted in Legislative Developments

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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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Minimum Wage Increase Will Have An Impact On California Community Associations

From the Community Association Attorneys at SwedelsonGottlieb The minimum wage is going up. As a result of a change in the law to take effect on January 1, 2017, the statewide minimum wage will gradually increase over the next six years until it hits $15 per hour. Further, Los Angeles…

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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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Update To Fair Housing Act Requires Community Associations to Act on Discriminatory Conduct and Harrassment

From the Community Association Attorneys at SwedelsonGottlieb An update to the Fair Housing Act, effective October 14, 2016, clarifies an association’s responsibility to address discriminatory conduct and harassment by its residents. The Fair Housing Act prohibits discrimination in housing and housing-related services due to race, color, religion, sex, national origin,…

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New Mold Law — SB 655/ California Health and Safety Code Sections 17920 and 17920.3 Effects California Community Associations

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys Effective January 1, 2016, California Senate Bill 655 amended provisions of the California Health and Safety Code, specifically Sections 17920 and 17920.3. Although the Health and Safety Code impacts almost all persons and entities in California to some extent, SB 655…

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President Obama Signs Legislation Modernizing FHA Condominium Approvals

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys Community Associations Institute (CAI) announced today that on Friday, July 29 President Barack Obama signed H.R. 3700, the Housing Opportunity through Modernization Act. H.R. 3700 is now federal law. CAI reports that H.R. 3700 reforms the process used by the Federal…

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Oppose California Assembly Bill 1720 Which Would Allow HOA/Condo Members the Right to Bring Their Attorney to an Association Board Meeting

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys I recently posted to HOALAWBLOG an article entitled California HOA/Condo Owners Do Not Have The Right To Have Their Attorney Attend The Association’s Board Meetings — SB Liberty, LLC, v. Isla Verde Association, Inc. In that article, I addressed the question…

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Oppose AB1720-HOA Members Should Not Be Able To Have Their Attorney Attend Community Association Board Meetings

By David Swedelson, Senior Partner at SwedelsonGottlieb, Community Association Attorneys On March 29, 2016, we posted an article regarding the SB Liberty, LLC, v. Isla Verde Association, Inc. Court of Appeal decision that confirms the law that only owners or members of an a California community association are entitled to…

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Good News For California Condo Associations; U.S. House Votes to Improve FHA Approval Process

By Mark Petrie, Marketing Coordinator at SwedelsonGottlieb H.R. 3700 has passed the House of Representatives and now moves on to the Senate, to the cheer of affordable housing advocates and Community Associations Institute, which issued this letter of support to the bill’s sponsors. This is a positive development for condominium…

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