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Confidentiality Agreements; Are They Enforceable? – Article by David C. Swedelson

Posted by AmberPM on November 16, 2011 · Leave a Comment

We are often asked to include confidentiality clauses in settlement agreements with owners, as the board often wants to avoid other owners hearing that the association settled. The concern is that these other owners will think it is OK to violate the CC&Rs or Rules, as they will ask for the same “sweetheart” deal. We … Continue reading →

Filed under HOA Attorney, Learning Tools · Tagged with allegations, Amber Property Management, Association, CC&R's, clause, Condo, Confidentiality Agreements, Governing Documents, HOA, Homeowner Association, Orange County Property Management, Property Management, Rules, Single Family Home, Townhome

Contract Termination Clauses – How Important Are They? – Article by Beth Grimm, P.L.C.

Posted by AmberPM on May 18, 2011 · Leave a Comment

I am reminded today of the laxity with which many Associations treat contracts. I was reviewing one Association’s communication to owners about a half million dollar assessment for rehabilitation work (about $10,000 per unit) and came across the statement “We were able to get a favorable contract with a no-penalty termination clause.” The reason I … Continue reading →

Filed under CC&R Enforcement · Tagged with 60 day termination clause, agreement, Amber Property Management, assessment, automatically rollover, breach, CACM, clause, contracts, documents, home owners association, Homeowner Association, Liability, maintenance agreement, Orange County Property Management, Property Management, termination, without cause

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CAI
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YOUR CLAC UPDATE
- CAI-CLAC 2018 Legislative Day at the Capitol Recap May 5, 2018
  By Martha Fogg, recipient of the 2018 Duncan McPherson Scholarship Award I attended the CAI/CLAC Legislative Day in Sacramento over the weekend. The experience, education and information was invaluable. Sessions began on Sunday through part of Monday. There are more than 33,000 CAI members and over 60 chapters worldwide. CAI tracks Federal and State legislat […]
  caiclac
- How Do We Get Our Boards to Participate in Buck-A-Door? July 10, 2017
  If you’re like me, when it comes to budget planning time there is usually one main direction from the Board, “Do not raise assessments but if you have to, keep it as minimal as possible.” Also, like me, you know this is almost an impossible task when dealing with inflation, rising utilities rates, minimum wage […]
  caiclac
HOA LAW
- SB1265 – A Dumb Idea for a Bad Law April 17, 2018
  A senate bill seeking to prohibit California community associations from establishing qualifications for candidates to run for their boards of directors among other changes and requirements (including possible invasion of owner privacy) is a dumb idea that would create bad law. On April 5th, Los Angeles Times’ Sacramento columnist George Skelton noted that t […]
  David C. Swedelson
- Newly Enacted Civil Code Section 4515 Seeks to Protect Political Speech and Peaceful Assembly at California Community Associations March 12, 2018
  By Joseph L. Gilman, Esq., Associate at SwedelsonGottlieb, Community Association Attorneys Effective January 1, 2018, Civil Code Section 4515 was added to the Davis-Stirling Act to protect certain rights of political speech and peaceful assembly within the boundaries of a common interest development. Senator Bob Wieckowski originally presented new Civil Code […]
  David C. Swedelson
HOA LAW
- GETTING THE HOA BOARD’S ATTENTION IN THE RIGHT WAY March 31, 2018
  There are dissatisfied owners in HOAs throughout California. What a surprise. Often times, a group of homeowners gathers and tries to get the board’s attention to consider some kind of change. Sometimes it works, sometimes it doesn’t. There is one situation that led to a disruption in one Association, and it is more common than […]
  Beth Grimm
- The Effect of a Tie Vote on an HOA Board March 31, 2018
  Right off the bat, I would have to recommend that any board that has an even number of Directors on it should take action to appoint an additional director. This happens sometimes when a director resigns or becomes incompetent to serve, or dies. Some boards want an even number of board members but I would […]
  Beth Grimm
HOA LAW
- GETTING THE HOA BOARD’S ATTENTION IN THE RIGHT WAY March 31, 2018
  There are dissatisfied owners in HOAs throughout California. What a surprise. Often times, a group of homeowners gathers and tries to get the board’s attention to consider some kind of change. Sometimes it works, sometimes it doesn’t. There is one situation that led to a disruption in one Association, and it is more common than […]
  Beth Grimm
- The Effect of a Tie Vote on an HOA Board March 31, 2018
  Right off the bat, I would have to recommend that any board that has an even number of Directors on it should take action to appoint an additional director. This happens sometimes when a director resigns or becomes incompetent to serve, or dies. Some boards want an even number of board members but I would […]
  Beth Grimm
HOA INSURANCE
- Water Damage Prevention
  Water damage claims can be very expensive to deal with, cause untold frustrations and have the potential for a living nightmare within your HOA complex. While you cannot prevent every possible situation where water can cause damage; here's a list of simple steps every association can take to reduce/eliminate many causes of water damage issues.Washing ma […]
  HOA Guy
- General Liability Coverage-How Much is Enough?
  All master association policies should have general liability coverage to protect the association from situations where is may have liability to injuries or property damage: a guest sustains an injury falling on a slippery driveway; someone is injured on the playground equipment; someone drowns in the pool; the possibilities are endless.Most standard policie […]
  HOA Guy
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Confidentiality Agreements; Are They Enforceable? – Article by David C. Swedelson

Contract Termination Clauses – How Important Are They? – Article by Beth Grimm, P.L.C.

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