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HOA Lawyer Blog

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Court Concludes Rental Restrictions are Reasonable

*Unpublished Case Recently, many residential common interest developments have experienced an influx in the number of short-term rentals within their community. This problem is exacerbated by the increased popularity of websites such as Airbnb and HomeAway. Although profitable, short-term rentals have a significant negative impact on community associations, such as…

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New Client: Weatherly Bay Homeowner’s Association

We are proud to announce that Weatherly Bay Homeowner’s Association has selected Tinnelly Law Group as their associations’ legal counsel. Weatherly Bay is a luxury condominium community located next to Huntington Harbour in northwest Huntington Beach.  Residents enjoy harbor views, private boat slips, a large community pool and tennis courts. Our HOA attorneys and…

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New Client: Alder Community Association

We are proud to announce that Alder Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Alder at McKinley Village by The New Home Company is a progressive urban village set in East Sacramento that connect residents to where they want to be, and how they want to live – modern design…

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Business Judgment Rule Doesn’t Apply When the Board Acts Outside its Authority

*Unpublished Case ISSUE: Is an HOA Board of Directors (“Board”) entitled to protection under the Business Judgment Rule (“BJR”) when it applies an unambiguous view restriction contained in the governing documents in a manner other than written? RULE: No.  In Lingenbrink v. Del Rayo Estates Homeowners Association, 2017 WL 1075062…

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New Client: Presidential Heights Community Association No. 2

We are proud to announce that Presidential Heights Community Association No. 2 has selected Tinnelly Law Group as their associations’ legal counsel. Presidential Heights is a condominium community located above the San Clemente Municipal Golf Course, in close proximity to Vista Bahia Park, and a variety of hiking and biking…

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New Client: Tidelands Owners Association

We are proud to announce that Tidelands Owners Association has selected Tinnelly Law Group as their associations’ legal counsel. Tidelands is a brand new condominium community by The New Home Company. Located in San Mateo, Tidelands offers the very best of waterfront living. Its modern residences provide homeowners a rare opportunity to live in…

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Swallows Nests are Protected by the Migratory Bird Act

*Asked & Answered Asked – I’m receiving calls regarding swallows nests. Folks want them removed. Pest control is reminding everyone they are protected and removing is punishable by law. We are in high time for swallow activity! Is there anything our HOA can do to address this issue? Answered –…

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New Client: Heirloom Community Association

We are proud to announce that Heirloom Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Heirloom is a brand new townhome community by The New Home Company.  Heirloom at The Cannery presents an extraordinary opportunity to reside in California’s first farm-to-table new home community. Heirloom received the prestigious…

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Governor Brown Declares the End of the Drought

On April 7, 2017, Governor Brown signed Executive Order B-40-17, ending the drought state of emergency in most of California.  Drought restrictions will remain in effect in Fresno, Kings, Tulare, and Tuolomne counties, which continue to face drinking water shortages and diminished groundwater supplies.  The new Executive Order rescinds the emergency proclamations…