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HOA Lawyer Blog

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Annual HOA Legislative & Case Law Update (2021) Now Available!

In case you missed it, Issue # 48 of our ‘Community Association Update’ newsletter is available now! Topics covered in this issue include: SB 908 – Debt Collection Licensing Act AB 3182 – Rental or Leasing of Separate Interests AB 1885 – Homestead Exemption Insurance Company Denies Defense to Managing Agent…

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New Case Highlights the Importance of Naming the Managing Agent as Additional Insured Under the HOA’s Directors and Officers Insurance Policy

*New Case Law Many homeowners associations (“HOA”) are professionally managed by a managing agent (“Manager”). The Manager is generally tasked with the obligation of carrying out the decisions of the HOA’s Board of Directors (“Board”), as well as day-to-day operations of the HOA. Because they operate as an agent of…

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The Business Judgment Rule: Inapplicable as to Decisions Made Under a Material Conflict of Interest

*New Case Law Under the Business Judgment Rule, volunteer directors are shielded from liability for decisions made when those decisions are (1) consistent with the director’s duties, (2) made in good faith, and (3) in a manner it believes to be in the best interests of the HOA and its…

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AB 1885 – Debtor Exemptions: Homestead Exemption

The homestead exemption protects the value of a homeowner’s primary residence in the event of a bankruptcy. Specifically, it provides that a specified portion of equity in a homestead is exempt from execution to satisfy a judgment debt. Existing state law prescribes that the amount of this homestead exemption is…

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New Client: 41West Owners Association

It’s our privilege to welcome 41West Owners Association to Tinnelly Law Group’s growing family of HOA clients. 41West is a new highrise condominium building in the Banker’s Hill neighborhood of San Diego. Residents enjoy a pool, spa, fitness center, clubhouse, and extensive greenbelts.  Residents enjoy a full featured resident lounge,…

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How to Manage Increased Costs During COVID-19

2020 has strained the purse strings of California homeowners associations. When the pandemic hit in March, it forced HOA’s into uncharted territory, which resulted in unanticipated legal fees to address a myriad of issues such as how to conduct meetings, enforce the governing documents, and maintain common areas during state-ordered…

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New Client: Sparrow at Marsh Creek Owners’ Association

It’s our privilege to welcome Sparrow at Marsh Creek Owners’ Association to Tinnelly Law Group’s growing family of HOA clients. Sparrow at Marsh Creek is a new single family home development by KB Home in Brentwood. Residents enjoy a pool, spa, fitness center, clubhouse, and extensive greenbelts.  Residents enjoy the…

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New Client: Manana Homeowners Association

It’s our privilege to welcome Manana Homeowners Association to Tinnelly Law Group’s growing family of HOA clients. Manana is a collection of condominiums located in the city of Orange. Residents enjoy a pool, spa, fitness center, clubhouse, and extensive greenbelts. Our HOA lawyers and staff look forward to working with…

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Lawsuits Against HOAs are Generally a Protected Activity

*New Case Law Under California law, a Strategic Lawsuit Against Public Participation (“SLAPP”) is a lawsuit brought against a defendant as a form of punishment for engaging in protected activities. When such lawsuits are filed, the defendant may bring an “anti-SLAPP” motion to strike the plaintiff’s suit. In order to…