(a) The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall, as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract therefor, as defined in Section…
HOA Law Blog
Civil Code § 1368.2 – Billing Disclosure Form.
1368.2. The form for billing disclosures required by Section 1368 shall be in substantially the following form and in at least 10-point type: Follow this link to download the required form.
Recent Community Association Appellate Court Decisions
• Yan Sui v. Price (2011) 196 Cal. App. 4th 933 – A California Court of Appeal upheld a board’s adoption of a rule prohibiting inoperable vehicles. – Plaintiff alleged discrimination on the basis that he was the only homeowner that had an inoperable vehicle. – Plaintiff alleged the rule…
Civil Code § 1363.5 – Articles Of Incorporation Disclosure Statement.
(a) The articles of incorporation of a common interest development association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of purposes of the corporation, that does all of the following: (1) Identifies the corporation as an association formed to manage…
Discrimination Based On Genetic Information Prohibited (SB 559)
Blog Post by David Swedelson and Sandra Gottlieb, Senior Partners at SwedelsonGottlieb; Condo Lawyers and HOA Attorneys SB 559 goes into effect on January 1, 2012 and expands the prohibited bases of discrimination under the Unruh Civil Rights Act and the California Fair Employment and Housing Act (FEHA) to include…
Court Awards Substantial Fees ($236,976) to Association in Case Against Owner
Blog post by David C. Swedelson, California Condo Lawyer and HOA/ Community Association Attorney We regularly handle cases where the owner has sued the association as a defense to their association’s claims against them. These cases sometimes go to trial as efforts to settle are not successful, and more often…
Association Responsibility for Association-Owned Units and Lots Acquired Through Nonjudicial Foreclosure
By Sandra L. Gottlieb Condo Lawyer and Community Association Attorney at SwedelsonGottlieb It is a sign of the times that an association’s board of directors has to consider and consult with association legal counsel on the association’s responsibilities with respect to an owner’s separate interest unit or lot to which…
Bankruptcy and The Motion For Relief From Stay
By David Swedelson and Alyssa Klausner, Attorneys at SwedelsonGottlieb, Condo Lawyers and HOA Attorneys When a delinquent owner files for bankruptcy relief by filing a petition under either Chapter 7 or Chapter 13 of the United States Bankruptcy Code, the Code provides that an automatic stay, subject to certain exceptions,…
Judge Rules That Transfer Fees to Original Developer Not Enforceable pursuant to California Civil Code Sections 1098 and 1098.5
Blog post/article by David Swedelson, Senior Partner SwedelsonGottlieb, Condo Lawyer and HOA Attorney The Daily Journal reports that Los Angeles County Superior Court Judge Madden recently ruled on the monthly fee that owners at Marina Pacifica Homeowners Association (located in Long Beach, California) paid to a developer. The Judge found…
Another Flag Story—This Should Not Happen Under California Law
Some community association boards of directors just do not use common sense. This story was reported by Newsy, a video news source. A retired New York City police officer who rescued people on September 11th is apparently being told by his Florida homeowners’ association he cannot fly two flags, just…