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Condo | HOA Lawyers

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Association’s Vested Discretion in Declaring an Aggressive Dog a Nuisance

Facts The Spagenskis (“the Homeowners”) lived in a community in San Diego County with their German shepherd Kato.  The community was governed by Sunset Greens Homeowners Association (the “Association”) in accordance with a declaration of covenants, conditions, and restrictions (“CC&R’s”). From February 2019 to May 2019, Kato attacked three dogs in the community.  In the […]

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Tenants Due Process Rights are NOT the same as Owners Rights

Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019) Summary In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The

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Must Your Association Ban Smoking as a Reasonable Accommodation? NO

Summary If smoking is otherwise allowed in your association, you do not need to ban it as a reasonable accommodation for a person with asthma. The Facts Phyllis Davis suffers from asthma but lives in a condominium complex that allows residents to smoke in their units.  Davis claimed that the smoke from a neighboring unit

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