By Sandra L. Gottlieb, Esq., HOA and Condo Attorneys Attorneys from the law firm SwedelsonGottlieb and Association Lien Services (ALS) attended Community Associations Institute Orange County Chapter’s (CAI-OC) Educational Luncheon on January 15, 2013 dealing with a California community associations’ rights and obligations following an HOA’s lien foreclosure sale. We…
HOA Law Blog
Homeowner Evicted For Not Paying His Association’s Assessments
Blog post by David Swedelson, Condo Attorney and HOA lawyer; Senior Partner at SwedelsonGottlieb, Community Association Attorneys Under California law, a condo or homeowners association has the right to foreclose on an owner’s interest in their condominium or property if they fail to pay the assessments or fees that are…
2012 Case Law Affecting California Community Associations
Each year, there are a number of cases, Court of Appeal or California Supreme Court decisions involving California community associations. These are cases that we lawyers rely upon. Last year (2012), there were several important cases that are important for community association managers and board members to know about. The…
Rental Restrictions: An International Issue
By David Swedelson, Partner, SwedelsonGottlieb, Community Association Attorneys The Los Angeles Times reports (on January 1, 2013) that as a result of government imposed fees on investors that do not reside in their apartments (we assume condos) or buy to flip them, in Hong Kong real estate investors are scrambling…
Exemptions from Rental Restrictions; Not All Transfers Apply
By Sandra L. Gottlieb, Senior Partner and Community Association Attorney at SwedelsonGottlieb California Civil Code Section 1360.2 went into effect on January 1, 2012, a little over one year ago, and states that any new provision in a governing document or an amendment to a governing document that prohibits the rental…
Family Day Care Homes Can Operate Within California Community Associations—So Long As They Follow The Law
By Sandra L. Gottlieb, Esq. Senior Partner at SwedelsonGottlieb, Community Association Attorneys Did you know that California community associations are required to allow an owner to operate a “family day care home” within their unit or lot at an association and that the day care can have up to 14…
What the Heck Is A Power of Attorney And How Does It Work For Board Meetings?
Blog article by David C. Swedelson, Esq. On occasion, a director will seek to appoint another person to attend board meetings on their behalf (and make board decisions and vote as if they were a board member), or a homeowner’s friend or relative will attend the homeowners forum and attempt…
The Ins and Outs of Executive Committees
Blog Post by David Swedelson, Founding Partner SwedelsonGottlieb Recent amendments to the Davis-Stirling Act have made it challenging for community association boards of directors to “deal” with important Association business. Don’t know what I’m talking about? As of January 1, 2012, the California Legislature has imposed a prohibition on Boards…
CAI Policy on the Fair Debt Collections Practices Act
Blog Post By David Swedelson, SwedelsonGottlieb Community Association Attorneys I recently posted a blog article regarding the Fair Debt Collection Practices Act or commonly referred to as the “FDCPA”. Follow this link for my blog post entitled Neither a Community Association Nor its Management Have Liability Under the Federal Fair…
Are Persons Who Are Not Owners Allowed to Attend Association Board Meetings? Yes, If The Board Allows This. Otherwise, The Answer Is No.
Blog Post by David Swedelson, SwedelsonGottlieb Community Association Attorneys We are often asked whether persons who are not members of the association can attend association board meetings. The short answer to this question is yes, subject to the considerations discussed below. We are also asked if non-members can be excluded…