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Robertson-RanchWe are proud to announce that Robertson Ranch West Village Owners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Toll Brothers at Robertson Ranch is a master planned community in the highly desired coastal village of Carlsbad and is made up of four different collections of single-family, luxury homes. Amenities include five unique pocket parks and a resort-style recreation center with a sparkling pool and spa, covered cabanas and an outdoor fireplace. Surrounded by permanently protected open space, Robertson Ranch is located in a coveted location less than 3 miles from the beach.

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

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sb-814-california-water-usage-hoa-e1484179755582California is experiencing the worst drought in over a century.  As a result, the California Legislature has enacted a number of laws aimed at water conservation.  Existing law requires the Department of Water Resources and the State Water Resources Control Board to take appropriate actions to prevent unreasonable water use.  To further the goal of preventing unreasonable water use, Governor Jerry Brown signed into law new legislation prohibiting excessive water use by residential customers during a drought (SB 814).

Specifically, SB 814, which adds Chapter 3.3 to Division 1 of the California Water Code, requires “urban water suppliers” to “establish a method to identify and discourage excessive water use.”  (Water Code § 366(b).)  Accordingly, a water supplier may adopt one of the following methods: (1) a rate structure using block tiers, water budgets, penalties for prohibited uses, and rate surcharges, or (2) an ordinance, rule or tariff (collectively, “Ordinance”) that defines the procedure by which water suppliers are to recognize and deal with excessive water use.  A violation of an Ordinance is punishable by a fine of at least $500 per one hundred (100) cubic feet of water, or seven hundred forty-eight (748) gallons, above the established threshold.

California HOA laws In light of the foregoing, Associations should be mindful of the new prohibition against excessive water use, especially in condominium projects where the units are not separately metered.

Blog post authored by TLG attorney, Matthew T. Plaxton.

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Wallis-RanchWe are proud to announce that Wallis Ranch Owners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Wallis Ranch is a gated master planned community of 800 new homes in 8 distinctive neighborhoods in Dublin. Recognized by Builder and Developer Magazine as the “2016 Community of the Year,” over half of its 184 acres has been dedicated to parks, open space and a water-quality basin.  Residents enjoy an edible garden, fitness center, pool, spa, and a mile of trail systems.

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

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janitorial-e1483995561223AB 1978 creates the Property Services Workers Protection Act.  Adding Part 4.2 (commencing with Section 1420) to Division 2 of the Labor Code, it requires every janitorial business within the State of California to register yearly with the Commissioner of the Division of Labor Standards Enforcement (“DLSE”) and pay a yearly fee of $500.00.  “No employer may conduct any janitorial business without a valid registration.”

It requires employees and employers of janitorial businesses to participate in a biennial in-person sexual violence and harassment prevention training course.  The course is to be developed by the DLSE by January 1, 2019.

Any janitorial business which does not have a current and valid registration is subject to a fine of $2,500.00.  Additional fines may be imposed including a fine of $100.00 for each calendar day that the business is unregistered with a maximum fine of $10,000.00.

Businesses (including Homeowner Associations) which contract with unregistered and unlicensed janitorial businesses are subject to fines of $2,000.00 to $25,000.00.

How will you know if the janitorial business is registered?          

The DLSE is required to maintain an online Janitorial Contractor Registry which is to be a public database of property service employers on the website of the Department of Industrial Relations (“DIR”) including the name, address, registration number, and effective dates of registration of all janitorial businesses.

AB 1978 was signed into law on September 15, 2016, and becomes effective on July 1, 2018.

California HOA lawyers Be proactive: Verify online through the Janitorial Contractor Registry that your janitorial workers are employed by a licensed janitorial business.  If you don’t, your Association may be subject to fines of $2,000.00 to $25,000.00.

Blog post authored by TLG attorney, Bruce R. Kermot.

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street-sweeperThe California Air Resources Board (“ARB”) passed a regulation (“Regulation”) that requires diesel trucks and buses that operate in California to be upgraded to reduce emissions.  The Regulation has a direct impact on HOAs and requires them to take steps to verify that certain vehicles they hire are properly certified with the State.   The Regulation requires lighter and older heavier trucks to be replaced starting January 1, 2015.  By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent.

The Regulation requires that any party (including HOAs, board members, and managing agents) that hires or directs the operation of any vehicle subject to the Regulation, must verify that each hired company is either in compliance with the regulation or has reported compliance to the ARB.  The Regulation does not apply where the party does not hire or direct the operation of any vehicle subject to the Regulation.  The types of vehicles that an HOA or its managing agent may encounter include but are not limited to the following: street sweepers, dump trucks, pumper trucks, crane trucks, charter buses, lift trucks, concrete pump trucks, and tow trucks.

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Sage-CanyonWe are proud to announce that Sage Canyon Maintenance Corporation has selected Tinnelly Law Group as their associations’ legal counsel.

Sage Canyon is a beautiful condominium community located next to the Sierra Del Oro Hills in Corona. Residents enjoy a pool and spa overlooking the city, clubhouse, sand volleyball court and gym.

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

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*New Case Lawhoa-boundary-dispute

Rural, equestrian, and large-scale planned developments may include properties with spacious lot sizes bordered by common area lots and open spaces. When property lines are not clearly delineated or easily identified in these communities, there may be instances where a homeowner seeks to expand his property by constructing yard improvements that extend beyond his property line and encroach onto adjacent, HOA-owned common area. If this is not discovered and addressed by the HOA in a timely fashion, there are avenues under California law through which the homeowner may assert that he has obtained an easement over (and in extreme circumstances, actual ownership of) the encroached area. The thought of a homeowner annexing common area for his/her own use is a scary thought, as is the prospect of the HOA failing to prevail in costly litigation that may be needed to reclaim its common area.

Fortunately, the recent holding in Nellie Gail Ranch Owners Association v. McMullin (2016) 4 Cal.App.5th 982 (“McMullin”) helps strengthen a HOA’s ability to defeat a homeowner’s attempt to encroach onto common area and claim it as his own…
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Northwood-VillasWe are proud to announce that Northwood Villas Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Located in the city of Irvine, Northwood Villas consists of more than 200 condominiums and is characterized by its lush landscape and rows of Eucalyptus trees. Residents enjoy using the community pool, spa, and views of the Santa Ana Mountains.

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

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Vue-on-5th-exteriorWe are proud to announce that Vue on 5th Owners Association has selected Tinnelly Law Group as their associations’ legal counsel.

In the center of Banker’s Hill stands Vue on 5th, sophisticated new luxury residences with views of a thriving midtown neighborhood and city lights. Within walking distance to Balboa Park, Vue on 5th homeowners will enjoy dining in Banker Hill’s eclectic and celebrated restaurants, strolling through the museums and open spaces at Balboa Park and the advantage of close proximity to downtown San Diego.

hoa laws Our HOA attorneys and staff look forward to working with Vue on 5th’s Board and management.

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*New Case Lawhoa-attorney-fees-governing-docs

Civil Code Section 5975(c) serves a vital function for any HOA’s enforcement efforts. Should a HOA be required to file a lawsuit to enforce its governing documents, Section 5975(c) entitles the HOA to recover from the defendant homeowner the HOA’s attorney’s fees, provided that the HOA is the “prevailing party” in the lawsuit. This right for a prevailing party to recover its attorney’s fees in an action to enforce a HOA’s governing documents is also commonly found in the provisions of a HOA’s CC&Rs.

But what is the technical definition of “prevailing party?” The Davis-Stirling Act does not define the term “prevailing party,” nor does it provide any metric for making that determination. As a result, California courts have concluded that the test for determining the prevailing party is a pragmatic one—namely, whether a party can be deemed the prevailing party requires a determination that the party “prevailed on a practical level by achieving its main litigation objective.” This test may be relatively easy to apply in some situations, and not so easy in others. For example, assume that a HOA’s lawsuit seeks to recover a substantial sum in fines for an owner’s violation of the rules, but the HOA is only awarded roughly 10% of that amount. Can the HOA be said to have achieved its main litigation objective, despite the fact that the ruling was arguably more favorable to the owner than it was to the HOA?

This hypothetical was actually litigated in the recent case of Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal.App.4th 761 (“Almanor”).  In Almanor, the defendant homeowners (the Carsons) were sued by the HOA to enforce provisions of the HOA’s CC&Rs relating to short-term rentals. The Carsons disputed the applicability of those provisions to them, as well as the HOA’s attempt to enforce other rules relating to trash storage, common area use, and boat decals, and to ultimately fine the Carsons for their violations of those rules. The trial court ruled that the HOA could enforce its rules and awarded attorney’s fees to the HOA in an amount of roughly $100,000, in addition to $6,620 in fines (approximately 10% of the amount originally imposed by the HOA and sought by it in the lawsuit). The Carsons appealed and lost. The HOA was deemed the prevailing party despite its inability to recover roughly 90% of the unpaid fines it originally pursued in the lawsuit.  The Court in Almanor concluded that the key issue in the lawsuit was the HOA’s authority to enforce the rules and to impose fines for violations, not the amount of the fines themselves. Because the trial court found that some of the fines were enforceable, the Court of Appeal held that the HOA “met its objective” in the lawsuit and was appropriately deemed the prevailing party:

“The fractional damages award does not negate the broader practical effect of the court’s ruling, which on the one hand narrowed the universe of restrictions that [the HOA] could impose on the properties, but on the other hand cemented [the HOA’s] authority to promulgate and enforce rules pursuant to the CC&Rs…Taken together and viewed in relation to the parties’ objectives…we conclude that these outcomes were adequate to support the trial court’s ruling [that the HOA was the prevailing party].” (Almanor, at 775.)

California HOA lawyers This holding provides valuable guidance on the issue of attorney’s fee awards in the context of HOA enforcement actions. Lawsuits to enforce a HOA’s governing documents often involve multiple claims or causes of action that asserted against a problematic homeowner. Even where a trial court is reluctant to grant every remedy sought by the HOA, if the practical effect of the lawsuit is consistent with the HOA’s principal objective (i.e., to make the homeowner comply with the governing documents), the HOA should still be deemed the prevailing party entitled to recover its attorney’s fees and costs incurred in connection with its lawsuit.