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HOA Law Blog

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Homeowners Cannot Withhold or Offset Assessments When They Have a Dispute With Their Condo or HOA

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys I recently read a newspaper article about Justin Bieber and the problems he is allegedly creating for his homeowners association in Calabasas, California. Homeowners are apparently unhappy that he is racing his Ferrari around the association’s streets, and they threatened to…

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What Happened To Your Condo Association’s Disabled Parking Space(s)? Court Finds In Favor of a Tenant Where HOA Had No Designated Disabled Parking Spaces And Refused To Designate a Space

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys Does your community association have disabled parking spaces? Maybe I should ask if the association ever had these spaces. There is no police force that goes out and checks. But we know that over time, some boards have “converted” what were…

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The New Commercial and Industrial Common Interest Development Act

By David Swedelson, SwedelsonGottlieb, Community Association Attorneys Is your condo association exclusively a commercial or industrial development? Surprise — as of January 1, 2014, the Davis-Stirling Act no longer applies to your association. Your association is now regulated by the new Commercial and Industrial Common Interest Development Act (CICIDA), Civil…

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California Community Associations are Increasingly a Target for Wage & Hour Lawsuits

By Sandra L. Gottlieb, Managing Partner at SwedelsonGottlieb, Community Association Attorneys Wage & hour lawsuits are being filed with increasing regularity, and community associations, as employers, are not exempt. Unfortunately, some of our association clients have already been sued on wage and hour claims, and it appears that the risk…

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Is Your Community Association Complying With the Law Relating to Minimum Wage and Heat Illness Periods?

By David Swedelson, Senior Partner at SwedelsonGottlieb, Community Association Attorneys We know that most of you are likely overwhelmed with the new Davis-Stirling Act. But there was other new legislation that impacts many California community associations. Minimum Wage For example, we know that many of you employ minimum wage workers,…

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A Fine Change in the Law That all Boards Must Acknowledge

By Cyrus Koochek and David Swedelson, Community Association Attorneys, SwedelsonGottlieb It is a fact of community association governance that at some point, every community association board of directors will likely have the need to levy a fine on a member. Most associations have adopted a schedule of monetary penalties or…

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New Davis-Stirling Act Reemphasizes Common Area Reimbursement Assessments

By David Swedelson and Cyrus Koochek, Community Association Attorneys at SwedelsonGottlieb Many California condominium and homeowner associations’ CC&Rs permit the Board of Directors, on behalf of an association, to impose a reimbursement assessment/monetary charge on a member for the cost of repairing damage caused by a member (or the member’s…

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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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Hawaii Couple To Receive $1.2M Condo Settlement In Lawsuit Against The Board For Retaliation

Blog article by David Swedelson, California Condo Lawyer and HOA Attorney, Partner at SwedelsonGottlieb, Community Association Attorneys In March of 2012, we reported on a lawsuit in Hawaii where the jury awarded $3.87 Million to a couple of condo owners In Molokai. Follow this link to read our March 27,…

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