Blog post by David Swedelson We hear these types of complaints all the time. While secondhand cigarette, pipe or marijuana smoke are the biggest sources of complaints, we are often asked to help associations deal with smells from other sources including cleaning products, paint and lack of ventilation, food and…
By David Swedelson, Partner, SwedelsonGottlieb So here is the question. Is a provision in the CC&Rs requiring that an association submit claims against the developer for construction defects to binding arbitration unconscionable and therefore unenforceable? This is what the Court of Appeal found in the Pinnacle case, holding that such…
By David C. Swedelson, Esq. and Ryan D. Barrett, Esq., Community Association Attorneys We recently published an article on secondhand smoke regarding its impact at condominium associations and how it can constitute a nuisance. Since almost every community association’s CC&Rs prohibit noxious activity, this is a fairly common and accessible…
You may be asking what the heck a CC&R Cover Sheet is, as we expect that over time, this requirement has been forgotten. As provided for in amended Government Code Section 12956.1, which has been the law for at least 10 years, California community associations that provide a copy of…
A firm client has three open delinquent assessment collection matters with our affiliate Association Lien Services. A new board of directors was elected, and despite the significant success that Association Lien Services has had collecting this condo association’s delinquent assessments in the past, the new board of directors was reluctant…
Blog post by David Swedelson, Condo Lawyer and HOA Attorney; Partner, SwedelsonGottlieb, Community Association Attorneys In the latest example of courts’ unease with social media, a federal judge has refused a request by a bank to serve legal papers on an a defendant via Facebook. Why is this important? Because…
Blog Article by David Swedelson, SwedelsonGottlieb Senior Partner, Condo Lawyer and Community Association Attorney Resulting in one of the most important common interest development cases decided by the California Supreme Court, Mrs. Gertrude Lamden disagreed with her homeowners association’s board’s decision to address a termite problem by spot treating the…
By David C. Swedelson, Esq., Condo and HOA Attorney Recent reports indicate that only 12% of California adults smoke cigarettes. The problem is that they all live in condominiums, or so you would think from all the reports of problems we are receiving relating to complaints from the non-smokers who…
Blog post by David Swedelson, Condo lawyer, HOA Attorney and Senior Partner at SwedelsonGottlieb, Community Association Attorneys We receive a lot of inquiries regarding FHA loans. Many condominium association boards have not sought or obtained approval from the FHA as a result of objections to the agency’s strict criteria. Many…
Blog post by David Swedelson The California Legislative Action Committee reports that the Assembly Housing & Community Development Committee passed AB 2273 on a unanimous bipartisan vote of 7-0. This proposed legislation will require recordation of foreclosure sales within 30 days after sale. CLAC reports that the author of the…