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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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YOUR CLAC UPDATE
- 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
- The Future of Fair Housing in Community Associations June 29, 2017
  The DFEH Housing Regulations Are Happening Now The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working on Housing Regulations on various types of […]
  caiclac
HOA LAW
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  By David C. Swedelson, Community Association Attorney at SwedelsonGottlieb Many California community association’s CC&Rs, particularly those in older communities, do not clearly state who is responsible for the repair or replacement of exclusive use common area. This typically relates to the waterproofing of patios and balconies at most condo association […]
  David C. Swedelson
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  According to CAI’s California Legislative Action Committee, there is still time to stop AB 634, a bill that impacts a condominium association’s ability to control the placement of solar panels in common interest developments. BUT YOU MUST ACT TODAY BEFORE THE GOVERNOR SIGNS THIS BILL INTO LAW. CAI reports that “AB 634 has passed the […]
  David C. Swedelson
HOA LAW
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  Who’s the Bully in your HOA? October is National Anti- Bullying Month, officially. It doesn’t just apply to bullying in the schools or in relationships between family members or friends.
  BGrimm
- HOA SALES TRANSACTIONS CAN BE PRECARIOUS-THERE ARE MANY “SHARKS” IN THE WATER October 6, 2016
  HOA sales transactions can be precarious when the parties that are doing the talking do not know what they’re talking about. I did a blog about a month ago with
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HOA LAW
- Vagrants, Loiterers and Losers in an HOA October 13, 2017
  Do you have any of these in your HOA? Vagrants, loiterers, losers, people who just hang around some resident and seem to have nothing useful to do? If you want to know how to deal with these sorts of problems, check out the E-News Archives at californiacondoguru.com for the latest E-newsletter. This is a topic […]
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  There are attorneys who recommend that boards add eviction rights in the CC&Rs by Amendment. The problem I see is that if the Board has authority to evict a tenant, the owner of the unit is more likely to rely heavily on the board to resolve any problems with the tenants than to do it […]
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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 […]
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- 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 […]
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TODAY IN HOA NEWS
- Coyotes in Garden Grove to be Trapped and Killed October 17, 2013
  Garden Grove residents showed up in force Wednesday to a special city council meeting, voicing concerns about a rising number of coyotes in the citys western neighborhoods.
- Anti-Gay Letter To Homeowners Association President Not Hate Crime October 16, 2013
  A Roseville homeowner was targeted by a letter attacking his sexual orientation, but police arent treating the letter as a hate crime.

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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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