We recently blogged about some concerns which have surfaced in the HOA industry regarding the impact of new contractor licensing requirements. AB 2237 was passed in 2012 by the California Legislature to expand on the definition of the “contractors” who must be licensed by the state. That expanded definition includes…
*New Legislation AB 2237 was passed in 2012 by the California Legislature to expand the legal requirements for the “contractors” who are required to have a General Contractor’s “B” license from the State of California. The “contractors” who must be licensed are defined in Cal. Business and Professions Code Section…
*Asked & Answered Asked – As a HOA member, do I have the right to see a copy of a lease agreement pertaining to a home that was acquired by my HOA through foreclosure of an assessment lien? Answered – Yes, you may request to see a copy of the…
*New Case Law The United States Bankruptcy Court in California recently ruled in a case that may impact the terms under which Homeowners Associations (“HOAs”) contract with collections companies to pursue delinquent assessments. In In re Antonio Cisneros, the debtor, Cisneros, owned two properties within the HOA and had fallen…
The Tinnelly Law Group has secured a favorable settlement in a breach of contract case for one of our HOA clients located in Fullerton, California. The Defendant security company entered into a contract with the HOA to install an integrated entry gate system for several streets leading into and out…
*New Case Law On August 16, 2012 the California Supreme Court announced its decision in a case that will undoubtedly impact homeowners associations (“HOAs”), developers, owners and insurers in disputes arising from construction defects. The ruling in Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC sets the stage…
*New Resource Every Homeowners Association (HOA) will at some point hire a vendor to perform certain tasks on behalf of the HOA, or to furnish services to the HOA and its members. In doing so, a HOA may be exposed to liability brought about by vendor actions and/or the terms…
*New Case Law Homeowners Association (HOA) developers often reserve certain easement rights for the benefit of the HOA’s members. Such easement rights typically extend over common areas but may also extend to adjoining properties which are not included within the actual HOA development. When those easement rights are threatened or…
*Asked & Answered Asked – What effects does hiring an unlicensed contractor bear on a HOA? Answered – In accordance with the Contractors State License Board, it is illegal for an unlicensed contractor to perform work on any project that exceeds $500 or more in labor and materials. A Homeowners…
Our “2012 Legislative & Case Law Update” newsletter is now available in our library! The 2012 Legislative & Case Law Update provides an overview of the new legislation impacting California Homeowners Associations (“HOAs”) and the community association industry professionals who service them. The new legislation includes, among other things, bills…