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Meadow-WalkWe are proud to announce that Meadow Walk Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Meadow Walk, by Shea Homes, is a brand new townhome community located within the charming urban village of Bay Meadows, a progressive new urban village on the Caltrain Line in the heart of San Mateo. Built on the famous Bay Meadows Racecourse where Seabiscuit won two stakes in the 1930s, residents will enjoy a community garden, bike paths, parks and more than 18-acres of rambling open space.

hoa laws Our HOA attorneys and staff look forward to working with Meadow Walk’s Board and management.

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SageWe are proud to announce that Sage Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Sage, by Shea Homes, is a brand new master planned community located in Livermore. Residents will enjoy a 1.5 mile walking and bike path, swimming pool, outdoor and indoor fitness centers, a community activities building, yoga lawn, community garden, and an art walk.

hoa laws Our HOA attorneys and staff look forward to working with Sage’s Board and management.

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first-time-homebuyerWe previously blogged about H.R. 3700, the “Housing Opportunity Through Modernization Act of 2016”, which was signed by the President on July 29, 2016.  H.R. 3700 required the Department of Housing and Urban Development (“HUD”) to streamline the Federal Housing Administration (“FHA”) recertification process, provide regulations for commercial space exemptions, allow for deed-based transfer fees, and lower the owner-occupancy requirement within ninety (90) days of the bill’s approval.  In response to these provisions and changes in the condominium market, HUD proposed a new rule governing the certification requirements for condominium associations.  The proposed rule includes the following reforms:

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Mission-GroveWe are proud to announce that Mission Grove Community Association has selected Tinnelly Law Group as their associations’ legal counsel.

Mission Grove, by D.R. Horton, is a brand new condominium community located in San Marcos.  Conveniently located near Cal State San Marcos and Palomar Community College, the community features tot lots, pool, BBQ and picnic benches for residents to enjoy.

hoa laws Our HOA attorneys and staff look forward to working with Mission Grove’s Board and management.

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Carmel-RowWe are proud to announce that Carmel Row Community Association has selected Tinnelly Law Group as their associations’ legal counsel.

Carmel Row, by ColRich, is a brand new townhome community located in San Diego. Adjacent to future retail spaces and just minutes from parks, local beaches, freeways and numerous business centers, Carmel Row is a convenient and luxurious option for area homebuyers interested in high-end living without the up-keep of detached homes.

hoa laws Our HOA attorneys and staff look forward to working with Carmel Row’s Board and management.

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*New Case Lawhoa-mediation

The Davis-Stirling Act promotes the nonjudicial resolution of disputes between homeowners associations (“HOAs”) and their members in various respects. One example is found contained in Civil Code Sections 5930 et. seq.  which, in sum, require that the disputing parties to endeavor to resolve the dispute through Alternative Dispute Resolution (“ADR”) before a lawsuit is filed. ADR is essentially a form of mediation that uses a neutral third-party mediator (often a retired judge) to assist the parties in securing a mutually acceptable resolution.

Experienced HOA Board members, management professionals, and attorneys understand that ADR is often successful in resolving a dispute before it escalates to costly and protracted litigation. That resolution is typically memorialized in a written settlement agreement negotiated during ADR and executed by the parties. The settlement agreement often governs what actions must be taken by the parties within specified time frames. For example, in an architectural dispute, the settlement agreement may require the homeowner to take corrective measures (i.e., to modify or remove unapproved architectural improvements) within a specified time frame.

However, in some instances, a party to the settlement agreement may subsequently fail to honor its terms. The other party is then placed in a position of having to take legal action to enforce the other party’s compliance with the settlement agreement. The enforcing party may then have concerns regarding its ability to recover its attorney’s fees in taking such action. While the Davis-Stirling Act allows for a prevailing party in an action to enforce a HOA’s governing documents to recover its attorney’s fees, it is unclear whether enforcement of a settlement agreement reached at ADR constitutes such an enforcement action.

Fortunately, the recent case of Rancho Mirage Country Club HOA v. Hazelbaker (2016) 2 Cal. App. 5th 252 (“Hazelbaker”) addressed this exact issue… Continue reading

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Sommerset-CitihomesWe are proud to announce that Sommerset Citihomes Homeowners Association has selected Tinnelly Law Group as their association’s legal counsel.

Located in the City of Costa Mesa, the Sommerset Citihomes condominium community consists of 120 beautiful condominium homes located just a few blocks from South Coast Plaza, South Coast Metro, and Crystal Court. Residents enjoy using the community pool, spa, and taking a walk to the nearby shopping centers.

hoa laws Our HOA attorneys and staff look forward to working with Sommerset Citihomes’s Board and management.

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Le-ParcWe are proud to announce that L’Association Des Propriataires (“Le Parc”) has selected Tinnelly Law Group as their association’s legal counsel.

Le Parc is a condominium community located in Lake Forest.  Originally designed by Johannes Van Tilburg & Partners, this award-winning project was completed in three different phases in 1983 and 1984.  Le Parc boasts three pools and three spas complimented by 4 water features, and presents itself as an island of calm within the greater hustle and bustle of Lake Forest.  Over 600 trees including palm trees surrounding the pool areas as well as alder and eucalyptus add to the already peaceful demeanor to make Le Parc a true urban forest.

hoa laws Our HOA attorneys and staff look forward to working with Le Parc’s Board and management.

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familyThe U.S. Department of Housing and Urban Development (“HUD”) recently adopted regulations for evaluating claims of harassment in housing and housing related transactions because of race, color, religion, sex, national origin, disability, or familial status under Title VIII of the Civil Rights Act of 1968 (“Fair Housing Act”).  The new regulations, which will directly impact Homeowners Associations (“HOAs”), are set to take effect October 14, 2016.

Brief Background

Both Courts and HUD have long recognized that the Fair Housing Act prohibits harassment in housing and housing related transactions on account of race, color, religion, sex, national origin, disability, or familial status in the same way that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits harassment on these same basis in an employment setting.  Prior to HUD’s adoption of these new regulations, Courts often applied Title VII standards when evaluating claims of harassment in the housing setting.  However, because employment and home settings are different environments, the application of one to another is not always appropriate.  To address these deficiencies, HUD recently adopted formal standards for evaluating claims of harassment under the Fair Housing Act.

The new regulations directly impact HOAs because their directors and officers are the ones who are responsible for investigating an owner’s or tenant’s claim of housing related harassment.  Furthermore, liability for harassment under the Fair Housing Act can be imposed not just on the HOA but on its officers and directors for their own actions as well as the actions of third-party agents like a management company.

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1-Channel-IslandWe are proud to announce that 1 Channel Island Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

1 Channel Island, by Shea Homes, is a brand new single-family home community located in Encinitas.  It was recently awarded Community of the Year by the Building Industry Association of San Diego County at the 2015 Icon Awards, in addition to awards for Best Architectural Design and Best Interior Design.  Homes in 1 Channel Island will feature coastal plantation architecture with outdoor Lanais, reminiscent of New Zealand and Hawaii, and a focus on environmental efficiencies.

hoa laws Our HOA attorneys and staff look forward to working with 1 Channel Island’s Board and management.