By David Swedelson, Condo lawyer / HOA and Community Association Attorney; Partner, SwedelsonGottlieb It has been assumed by many that if a California community association holds its foreclosure sale (as part of the assessment collection process) and after the sale the delinquent owner files bankruptcy, that the bankruptcy did not…
Assembly Bill 771 (Betsy Butler), which amends Civil Code Section 1368 regarding documents to be provided the buyer in an escrow, was sponsored by the California Association of Realtors and initially sought to place a cap on fees that may be charged by management companies and others who provide documents…
By David Swedelson, Condo lawyer and HOA attorney; Senior Partner SwedelsonGottlieb Despite significant industry opposition, the Governor has signed into law amendments to the Davis Stirling Act and specifically Civil Code Section 1363.05, also known as the Common Interest Development Open Meeting Act. Here is the story of how this…
Blog posting by David C. Swedelson, Condo and HOA lawyer, Partner SwedelsonGottlieb According to an FBI website article, a Las Vegas man pleaded guilty for his role in a scheme to fraudulently gain control of condominium homeowners’ associations (HOA) in the Las Vegas area so that the HOAs could direct…
Blog posting by David Swedelson, California Condo lawyer and HOA attorney; Partner SwedelsonGottlieb Community Associations Institute’s Fast Tracks News Bulletin reports on a Fort Myers, Fla. age-restricted homeowners association that is telling an owner that that he does not have the right to have guests who are younger than 55…
By David C. Swedelson and Sandra L. Gottlieb, Partners, SwedelsonGottlieb, Condo Attorneys and HOA Lawyers We have been receiving a number of calls lately from board members and community association managers asking what they can or should do about complaints from residents about marijuana smoke that is wafting into their…
As we reported on July 31st (follow this link), FHA’s Revised Condominium Guidance Solves Some Problems But Creates Many More. Community Association’s institute (CAI) has been actively addressing the issues. In a July 22 letter to the Office of Information and Regulatory Affairs (OIRA), CAI asserts that the Federal Housing…
By David C. Swedelson, Esq.; SwedelsonGottlieb Community Association Attorneys SwedelsonGottlieb has been responding to a flood of inquiries regarding the recently chaptered California SB 150, a bill which amends Sections 1368 and 1373 of the Davis-Stirling Act and adds a new Civil Code Section to the Act affecting certain rental…
By David Swedelson, Senior Partner at SwedelsonGottlieb, Condo Attorney and HOA Lawyer I came across an interesting article with this title written by fellow community association attorney, Donna DiMaggio Berger, who practices in Florida. As Donna states in her article, “fraud is certainly nothing new but in today’s troubling economic…
By David C. Swedelson and Sandra L. Gottlieb, Condo and HOA Legal Experts, Community Association Attorneys As we maneuver our way through the end of this recession, the words “short sale” are being bandied about more than at any other time that we can remember. Lenders are apparently more receptive…