HOA Law Blog

*Asked & Answered

Asked - Does a homeowner who abstains from voting in a HOA's annual election have any impact on the degree to which the HOA satisfies its quorum requirement?

Answered - Yes. A member that abstains from voting will still be included in measuring whether a HOA has satisfied its quorum requirement. Typically, a HOA's governing documents (e.g., By-laws) will require that a quorum be reached for an annual election. During an election period, a homeowner may choose to either vote or abstain from voting (an abstention).

Although each abstention vote is included in determining whether quorum has been met, an abstention vote is not tallied for the purpose of determining whether a motion has passed or a director has been elected. Civil Code §1363.03(b). Accordingly, blank ballots and invalid write-in votes such as "Remove the Board" should also be counted towards quorum.

It is not uncommon to have members abstain from voting. HOA Boards of Directors that are unsure of how abstentions or invalid votes will impact their annual elections should consult their legal counsel for guidance.

To submit questions to the HOA attorneys at Tinnelly Law Group, click here.

We are proud to announce that The Terrace at Corona Del Mar Homeowners Association has selected Tinnelly Law Group as its corporate counsel.

The beautiful Terrace at Corona Del Mar development consists of 100 condominium homes located in the City of Newport Beach. Its residents enjoy ocean front views and are conveniently located within walking distance of upscale dining and shopping centers.

Our HOA lawyers look forward to working with The Terrace at Corona Del Mar and to developing another lasting relationship with a Homeowners Association client.

*New Resource

Various laws have been established to protect the rights of disabled individuals, such as the Americans with Disabilities Act ("ADA") and the Federal Fair Housing Act ("FFHA"). These laws govern both public and private facilities, and set forth the degree to which an entity, such as a homeowners association ("HOA"), is responsible for making modifications or improvements to accommodate individuals with disabilities. This blog post is in response to recent client inquiries relating to this issue; it addresses the applicability of each of these laws to HOAs and sheds some light on the potential issues that HOA Boards and Managers should be aware of.

Our HOA lawyers have also published this information in our new resource entitled "Disabled Residents and the Law," available for download from our library.

Continue reading "HOA Accommodations for Disabled Residents" »

We are proud to announce that the Irvine Groves Homeowners Association has selected Tinnelly Law Group as its new legal counsel.

Located in the City of Irvine, the beautiful Irvine Groves community consists of 231 condominiums located just one block from Irvine High School and a few blocks from the Irvine Heritage Park Library.

In addition to nearby retail and dining, Irvine Groves' residents enjoy a community pool, spa, greenbelts and tennis courts.

Our HOA attorneys look forward to working with Irvine Groves and to developing another lasting relationship with a Homeowners Association client.

*Asked & Answered

Asked - In response to a complaint by a homeowner that her noisy neighbor is causing a nuisance, is her homeowners association obligated to take legal action to remedy the problem?

Answered - Maybe. A homeowners association's (HOA's) governing documents often contain use restrictions which prohibit homeowners from conducting activities that unreasonably interfere with other homeowners' use and enjoyment of their units. However, HOA Boards are granted discretion in determining whether they should take legal action in enforcing such use restrictions. A nuisance which is minor (e.g., only impacts one homeowner) may not ultimately justify the expense the HOA will incur in taking action to remedy the problem. However, a more significant nuisance which impacts multiple homeowners (e.g., constantly throwing loud parties) is likely a situation where the HOA should step in.

That is not to say that an individual homeowner suffering from a minor nuisance is without recourse. HOA governing documents typically contain provisions which permit homeowners to take action themselves to enforce the governing documents. Additionally, unless the governing documents state otherwise, that right is also codified at Civil Code § 1354(a).

Homeowners suffering from nuisances should attend Board meetings to present their case to the Board. While the Board has discretion in determining the propriety of legal action, the homeowner can suggest that the Board employ less serious enforcement measures such as violation notices, imposing fines or suspension of privileges.

To submit HOA law questions to Tinnelly Law Group, click here.

We are proud to announce that the Aventura Homeowners Association has selected Tinnelly Law Group as its legal counsel.

Located in the City of Irvine, California, the Aventura condominium project consists of 167 beautiful condominiums built by California Pacific Homes. Its residents enjoy fantastic amenities such as a community pool, spa and tennis courts. Aventura is located close to shopping, theatre, schools, parks and the Irvine business district.

Our HOA attorneys and staff look forward to working with Aventura's Board of Directors and to developing another lasting relationship with a Homeowners Association client.

Serving as a Director on your HOA's Board can be a frustrating and thankless job. Raising assessments, enforcing the governing documents, and taking other potentially unpopular actions can lead to disputes and charged emotions. Despite that fact, Directors, as representatives of the Homeowners Association, must conduct themselves in an appropriate manner. Overly aggressive or inappropriate behavior by a rogue Director or officer can give rise to liability for both the Association and the Board. Fortunately, there are mechanisms available to safeguard against liability in such situations and, if necessary, to have the rogue Director removed. This blog post addresses those mechanisms.

Our HOA lawyers have also published this information in our new resource entitled "Rogue DIrectors: Battling Bad Behavior," available for download from our library.

Continue reading "Rogue Directors: Battling Bad Behavior" »

*TLG Goes Statewide

We are proud to announce that the One Marina Homeowners Association has selected Tinnelly Law Group as its corporate counsel. One Marina is one of the first community associations to join Tinnelly Law Group's now expanding Bay Area client portfolio.

Built by The Pauls Corporation, the brand new One Marina project consists of 231 luxury town homes located in downtown Redwood City, CA.

One Marina's residents enjoy waterfront living with fantastic marina views and access to nearby wetlands, trails and open spaces.

Our HOA lawyers look forward to working with One Marina and to developing another lasting relationship with a Homeowners Association client.

*New Resource

Electing a Board of Directors to manage the Association is a complex and time consuming process. Despite the best of intentions, sometimes things slip through the cracks, whether it's the qualifications of someone on the ballot or the manner in which votes are collected and tallied. When this occurs, the appointment of a specific director or the election as a whole can be challenged by a member. This blog post discusses the basics of such a challenge, including who has standing to bring a challenge, when a challenge can be brought, and how such a challenge can affect the Association.

Our HOA lawyers have also published this information in our new resource entitled "Challenges to Association Elections: Facts and Consequences", available for download from our library.

Continue reading "Challenges to HOA Elections: Facts and Consequences" »

We are proud to announce that the Pacific Club Condominium Association has selected Tinnelly Law Group as its corporate counsel.

Located in the beatiful beach-side community of Playa del Rey, California, the prestigious Pacific Club development consists of 180 luxury condominiums located just three blocks from the ocean.

Pacific Club is a community of friendly residents who enjoy resort style living with fantastic amenities and short walks to the beach, restaurants and retail stores.

We look forward to working with Pacific Club and to developing another lasting relationship with a condominium association client.

*Asked & Answered

Asked - May a homeowner challenge the qualifications of a member to serve on the HOA's Board of Directors after they have been elected?

Answered - Maybe, depending on the date of the challenge. Corp. Code §7527 provides that "an action challenging the validity of any election, appointment or removal of a director or directors must be commenced within nine months after the election, appointment or removal. If no such action is commenced, in the absence of fraud, any election, appointment or removal of a director is conclusively presumed valid nine months thereafter." The election will thus be deemed valid unless the challenge is brought within nine (9) months after the election.

However, there is a slight conflict in the law with respect to election challenges. Civil Code §1363.09(a) provides a one (1) year period to bring civil actions for declaratory or equitable relief relating to violations of the election and voting procedures set forth in that article. Accordingly, the law is slightly inconsistent with respect to the exact period in which such challenges may be brought.

HOAs can be significantly impacted by actions taken under the direction of an unqualified Board Member. Surprisingly, most original governing documents do not contain any specific qualifications for a member to serve on their HOA's Board. Many HOAs therefore opt to amend their Bylaws to establish reasonable qualifications for Board Members (e.g., membership in the association, good standing with regard to assessment payments, etc.). Adoption and enforcement of Board Member qualifications assist in ensuring that the best possible members are entrusted with managing the HOA's affairs.

To submit HOA law questions to Tinnelly Law Group, click here.
Content provided by Kai MacDonald, Esq. - HOA attorney with Tinnelly Law Group.

Located in the charming coastal city of San Clemente, California, the Faire Harbour development consists of 144 Cape Cod style condominiums tucked within the desireable Marblehead community. From their elevated location, the Faire Harbour condominiums feature breathtaking panoramic views of ocean sunsets and Catalina Island.

Our HOA attorneys look forward to working with Faire Harbour and to developing another lasting relationship with a homeowners association client.

*New Resource

As communities mature, the need for major repairs or renovations can become a major concern. Often because of unforeseen problems or insufficiently funded reserves, community associations (associations) are not capable of funding the necessary repairs immediately. In order to avoid a piecemeal repair effort in such situations, or the possibility of additional problems arising from the postponement of the repairs, it may become necessary for an association to borrow money. Fortunately, many banks have recognized this need and are willing to lend to associations for major repairs and renovations.

This blog post addresses some of the more frequently asked questions and important issues relating to association borrowing, such as the common reasons for borrowing, what a bank uses for collateral, and what effect the loan has on individual homeowners.

Our HOA attorneys have also published this information in our new resource entitled "Association Repair and Renovation Loans", available for download from our library.

Continue reading "Association Repair and Renovation Loans" »

We are proud to announce that the Hacienda De Rio Homeowners Association has selected Tinnelly Law Group as its HOA law firm.

Located in the City of Whittier, the Hacienda De Rio Vista condominium project consists of 24 quaint condominiums nestled within a quiet residential community. The Hacienda De Rio Vista residents enjoy nearby access to schools and parks, including the Pio Pico State Historic Park.

We look forward to working with Hacienda De Rio Vista and to developing another lasting relationship with a homeowners association client.

Voting to amend homeowner or condominium association (Association) governing documents can be a difficult process. Additionally, when an Association's governing documents require a "supermajority" vote to enact the amendment, the process can go from difficult to nearly impossible. A "supermajority" refers to a vote requiring approval by more than a simple majority (any amount over 50%) of the membership. Voter apathy, busy schedules and other issues can make achieving a supermajority highly impractical, particularly for larger Associations.

Fortunately, Civil Code Section 1356 provides a form of relief for Associations being stifled by onerous supermajority requirements, allowing Associations to petition the court for a reduction in the percentage of affirmative votes necessary for an amendment. Such a petition was at the heart of the dispute in the recent unpublished case of Quail Lakes Owners Association v. Kozina (2012).

Continue reading "Circumventing HOA Voter Apathy Via Court Petition " »