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HOA Law Blog

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Voter and Candidate Suppression; It May (Also) Be An HOA Issue and the Reasons Behind 2019’s SB 323

By David Swedelson, Senior Partner and Community Association Attorney at SwedelsonGottlieb I first heard about voter suppression in law school, where I learned that the United States has a long tradition of threatening voter access. I thought it was a thing of the past. But I have been surprised by…

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HOA Board Meetings On Zoom — The Mute Button // If The President Can Be Muted, You Can Mute Your Owners — If Appropriate //California Civil Code §4090(b), §4925 and §4955

By David Swedelson, Esq. Senior Partner and Community Association Attorney at SwedelsonGottlieb We are enduring a serious pandemic and social distancing is the norm. How can community association boards protect the health and safety of the board members, owners, management and others who attend board meetings, while also complying with…

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AB 3182 Creates a New Law that Restricts Community Associations’ Enforcement of Some Rental Restrictions

We have bad news. Despite a lot of lobbying work, the legislature passed, and the Governor signed into law Assembly Bill 3182 (“AB 3182”), which amends Civil Code section 4740 and adds a new section 4741 to the Civil Code. Pursuant to the new section 4741, an owner of a…

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SwedelsonGottlieb’s Sandra Gottlieb, Esq., CCAL Featured on The HOA Show Podcast

Sandra L. Gottlieb, Esq., CCAL and Tim Cline, CRIMS discuss reopening amenities in the midst of the pandemic, including issues on liability, insurance coverage (or lack their of), worker’s compensation issues, safety, health and welfare, and government orders. This is a hot topic on the minds of many board members…

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THE LAST ROUNDUP? Civil Code §4777(b) Mandates Strict Notice Requirements for Use of Pesticides/Herbicides

From the Community Association Attorneys at SwedelsonGottlieb When community associations decide to have chemical pesticides or weed-killing herbicides such as Roundup applied, they must provide detailed, written advance notice to homeowners and residents. Pursuant to Civil Code §4777(b), “an association or its authorized agent that applies any pesticide to a…

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Miami Condo Association Tells 86 Year Old Owner to Take Down His Black Lives Matter Signs; In California We Have Civil Code § 4710

By David Swedelson, Community Association Attorney at SwedelsonGottlieb Interesting story out of Florida About an 86-year-old owner who wanted to do something to show his support for the black lives matter movement. He wanted to stand in solidarity with those that are protesting to protect black lives, so, with the…

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SwedelsonGottlieb’s List of all 58 Counties Current (as of 5-27-20) Orders Regarding Re-Opening Pools and Tennis Courts

The COVID-19 pandemic resulted in the closures of community association pools, spas, tennis courts, gyms and other recreational facilties. The good news is that the State of California and the 58 counties are in the process of issuing new orders regarding the use of community association pools, tennis courts and…

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LA County Orders that Pools May Reopen as of May 26, 2020—But this Does Not Mean that an HOA Can Just Open the Gate to the Pool

From the attorneys at SwedelsonGottlieb, Community Association Attorneys At the same time as the State announced that California has become the fourth state in the country to surpass 100,000 coronavirus infections and that 100,000 people have died in the United States from COVID-19, Los Angeles County issued a new order…

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COVID-19 & Amenities – Q & A Webinar with Expert Panelists

SwedelsonGottlieb is sharing one of a series of webinars featuring founding partner Sandra L. Gottlieb and a panel of attorneys from across North America moderated by Andrew Fortin discussing how community associations are responding to and addressing issues about amenities arising from the Covid-19 pandemic. As we continue to navigate…

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Moratorium on Foreclosure Actions? SwedelsonGottlieb Does Not Completely Agree

Earlier this month, CAI released a Statement of Moratorium on Foreclosure Actions urging community associations to immediately suspend all foreclosure activity and not begin new foreclosure actions until June 1. We question how well thought out this position is as it is not all that realistic for California community associations.…

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