*New Case Law The California Civil Code requires community associations (“HOAs”) to levy regular and special assessments as necessary to perform the HOA’s obligations under its governing documents. However, when a homeowner fails to pay those assessments, HOAs are often left with no alternative other than to pursue the owner…
The Tinnelly Law Group has secured a favorable settlement in a breach of contract case for one of our HOA clients located in Newport Beach, California. The Defendant homeowner was refusing to grant the HOA access to the Owner’s condominium unit for the limited purpose of placing a protective safety…
The problems posed by second-hand smoke have become a burning issue for California homeowners associations (“HOAs”), expecially condominium developments. A HOA typically does have the authority to adopt operating rules that prohibit smoking in common areas and exclusive use common areas; however, those rules may be insufficient to address problems…
*New Case Law In our recent blog post entitled “Are Attorney’s Fees for ADR Recoverable?” we touched briefly on the recently decided case of Grossman v. Park Fort Washington Association (2012) 212 Cal. App. 4th 1128 (“Grossman”). In response to requests for more information on this issue from our clients…
*Asked & Answered Asked – Are our HOA’s attorney’s fees recoverable when we participate in ADR with a homeowner? Answered – Maybe. Civil Code §1354(c) states that “in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” Alternative Dispute Resolution (“ADR”)…
*New Case Law California’s 1st District Court of Appeal recently ruled that “design professionals” may be liable under both common law and Senate Bill No. 800 (“SB 800”) to third party purchasers for construction defects. In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al., the defendants…
Our annual “Legislative & Case Law Update” newsletter for the year 2013 is now available in our library! The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2013. The new legislation includes, among other…
*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…
*New Case Law The California Court of Appeal’s recent ruling in a case underscores how crucial it is for HOAs to strictly comply with the Civil Code’s election procedures and requirements. The court in That v. Alders Maintenance Association (2012) applied Civil Code § 1363.09 to hold that a HOA’s…
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…