(and why condominium associations should be responsible for waterproofing on balcony decks) By David C. Swedelson, Condo Lawyer and HOA legal expert; Senior Partner at SwedelsonGottlieb I know that many boards contemplate the idea of making owners responsible for the waterproofing on the balconies or decks in condominiums (and yes,…
HOA Law Blog
Governor Signs Senate Bill 209 Dealing WIth Electric Charging Stations
Posted by David C. Swedelson, Partner, SwedelsonGottlieb; Community Association Legal Expert With the proliferation of electric vehicles comes a new law that limits and restricts California community associations’ ability to prohibit an owner from installing their own electric charging station. On July 25, Governor Brown signed Senate Bill 209, which…
FHA’s Revised Condominium Guidance Solves Some Problems But Creates Many More
Blog posting by David Swedelson, California HOA and Condo Lawyer and Legal Expert Interesting article and perspective regarding the Federal Housing Administration’s (FHA’s) new guidelines for condominium loan offers from fellow community association attorney Stephan Marcus (Massachusetts). Steve notes that “the FHA published the first iteration of this guidance in…
The Lender Foreclosed and The Owner Has Not Paid; Is Your Association Leaving Money on the Table?—The New Community Association Paradigm
By David Swedelson, California Condo and HOA Legal Expert and Community Association Attorney I came across an interesting article from a law firm in Florida (by attorney Lisa Magill with Becker & Poliakoff) that addresses the fact that after a bank forecloses, many boards are writing off the debt without…
Not Every Homeowners Association Is Subject to The Davis-Stirling Act
By David Swedelson, Community Association Attorney and Partner at SwedelsonGottlieb The Davis-Stirling Common Interest Development Act is the common name of the portion of the California Civil Code beginning with section 1350, which governs condominium, cooperative, and planned unit development communities in California. It was enacted in 1985 by the…
THE “HANDSHAKE” CLOSE Or How To Get The Owner To Take The Deal
The following is excerpted and edited by David Swedelson from an article prepared by Jan Frankel Schau Mediator/Arbitrator/Attorney. Jan was an associate at SwedelsonGottlieb several years ago. How many times have you been in a meeting with the board and a homeowner regarding the owner’s violation of the rules, CC&Rs…
What Exactly Is A Binding Contract?
By David Swedelson, California Condo and HOA Attorney, Senior Partner SwedelsonGottlieb All too often we are called in to deal with a dispute over a contract that the association entered into with a contractor or vendor. And I am often surprised to learn that the board and management really do…
Beyond Ctrl, Alt, Del (Taking your Tech to the Next Level)-Technology Program Links
On Tuesday, June 28, 2011, David Swedelson of SwedelsonGottlieb and Timothy Cline of Timothy Cline Insurance Agency will present their technology program, “Beyond Ctrl, Alt, Del (Taking your Tech to the Next Level)” at Community Association Institute’s Channel Islands Chapter. Download this PDF page for a handy link reference to…
Homeowner Uses Billboards, Website to Defend Solar Panels
By David Swedelson, Senior Partner, SwedelsonGottlieb As reported in several publications, including this article from MSNBC, Timothy Adams, a member of a homeowners association in Omaha, Nebraska, has taken some unusual steps to engender support for his fight against his homeowners association as he battles to keep solar panels installed…
Renting Storage Space to Owners
By Joan E. Lewis-Heard, Esq., Attorney, SwedelsonGottlieb Edited by David C. Swedelson, Esq. Many California condominium associations have common area storage lockers, rooms or areas that are made available to the owners. Sometimes, the storage area is assigned in a deed as exclusive use common area. More often than not,…