Amending a HOA’s Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) can be a challenging endeavor. This is true, in large part, to the onerous approval requirements imposed by the CC&Rs themselves. Indeed, many CC&Rs require a super-majority (i.e., 67% or more) of the HOA’s members to approve an amendment. Such…
It’s our privilege to welcome East Garrison Community Association to Tinnelly Law Group’s growing family of HOA clients. East Garrison is a master planned community located on the land formerly known as Fort Or, East Garrison. Its 244 acres include distinct neighborhoods of new homes within easy strolling distance of a…
It’s our privilege to welcome Costa Viva Homeowners Association to Tinnelly Law Group’s growing family of HOA clients. Costa Viva is a condominium community located just minutes to Mission Bay in the Clairemont Mesa region of San Diego. Residents enjoy bay views, amazing amenities, and a peaceful neighborhood. Our HOA…
*Asked & Answered Asked – We are thinking about granting a variance to the Covenants of our Homeowner’s Association. The question is: would the Variance, if granted, apply to the next landowner (i.e., does the grant of a variance run with the land)? Answered – A homeowners association’s (“HOA’s”) governing documents may…
It’s our privilege to welcome Briarwood in Wildomar Community Association to Tinnelly Law Group’s growing family of HOA clients. Nestled in between the cities of Murrieta and Lake Elsinore, Briarwood features beautiful single-family and multigenerational new homes in Wildomar. Residents will be able to enjoy Briarwood’s community park and the…
It’s our privilege to welcome Portarosa Community Association to Tinnelly Law Group’s growing family of HOA clients. Portarosa by Lennar is a community of beautiful new townhomes set behind private gates conveniently located near the Birch Hills Golf Course in Brea. Innovative new home designs provide open interiors, private courtyards,…
In Eith v. Ketelhut (2018) 31 Cal.App.5th 1, a homeowners association featuring estate properties where members maintain fruit orchards and vineyards yielding fruit that can be made into wine and offered to the public for sale required the Board of Directors (“Board”) to determine if sale of products made from fruit…
It’s our privilege to welcome Newport Landing Homeowners Association, Inc. to Tinnelly Law Group’s growing family of HOA clients. Newport Landing is a Cape Cod inspired condominium community located in the heart of Costa Mesa. Residents are drawn to the quiet neighborhood, lush landscaping and pathways, and the wonderful amenities.…
It’s our privilege to welcome Chambray Neighborhood Corporation to Tinnelly Law Group’s growing family of HOA clients. Chambray is a beautiful condominium community located in the desirable Ladera Ranch community. It features 2 story townhome style condominiums surrounded by numerous community parks, pools and recreational amenities. Our HOA lawyers and…
*Unpublished Opinion The recent unpublished opinion of Chemers v. Quail Hill Community Association et al. (2018) shines some light on the oft-misunderstood California Anti-SLAPP statute and its effectiveness as a defense for actions by a homeowners association’s board of directors. The Fourth District California Court of Appeal held that certain…