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HOA Lawyer Blog

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Architectural Variances Binding Future Owners

*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…

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New Client: Briarwood in Wildomar Community Association

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…

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New Client: Portarosa Community Association

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,…

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Courts Will Defer to the Decisions of Boards Based on Good Faith and Regard for the Best Interests of the Community

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…

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New Client: Newport Landing Homeowners Association, Inc.

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.…

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New Client: Chambray Neighborhood Corportation

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…

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Recent California Court of Appeal Ruling Limits Anti-SLAPP Protection for Actions by Board of Directors

*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…

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New Client: Altana Homeowners Association

We are proud to announce that Altana Homeowners Association has selected Tinnelly Law Group as their association’s legal counsel. Altana is the first single-family home community in the 230-acre Civita master planned community.  Residents enjoy rooftop decks, private courtyards, views of Mission Valley, and easy access to the 14.3 acre…

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New Client: Surfside Homeowners Association No. 1

We are proud to announce that Surfside Homeowners Association No. 1 has selected Tinnelly Law Group as their association’s legal counsel. Surfside is an attached single-family home community located in Huntington Beach. Residents enjoy two community pools, two clubhouses, a basketball court, tot lot, barbecue area, and easy access to…

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Independent Contractors vs. Employees

In the recent case of Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court set forth a new test that employers should utilize to determine whether their workers are appropriately classified as independent contractors or employees.  (Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. 5th 903.) …