On July 31, 2017, Governor Brown signed Assembly Bill 1139 (“AB 1139”) into law. AB 1139 amends California Civil Code Section 1098.5 with regard to deed-based transfer fees (“Private Transfer Fees” or “Fees”). Prior to AB 1139 becoming law, any individual or entity who imposed a Fee on real property…
HOA Lawyer Blog
New Client: Central Park West Community Association
We are proud to announce that Central Park West Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Central Park West is Irvine’s first urban master planned community developed by Lennar. This beautiful 43-acre community encompasses urban-styled residences, verdant parks and landscaped paseos, resort-style clubhouse, barbecue areas,…
AB 690 Signed! New Management Disclosures and Changes to the Escrow Document Disclosure Form
The Governor has signed AB 690 into law, which modifies several Code sections and adds two new Civil Code sections to the Davis Stirling Common Interest Development Act. Here is what you need to know about the new requirements: New Civil Code Section 5376 provides that the manager, management firm,…
New Client: Belamaria Community Association
We are proud to announce that Belamaria Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Located in Ontario, Belamaria is a brand new planned development by Frontier Communities. Residents will enjoy a clubhouse, splash pad, dog park, and tot lot. Our HOA attorneys and staff look forward to…
New Client: Broadmoor Hills Community Association
We are proud to announce that Broadmoor Hills Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Broadmoor Hills is a planned development located in Corona Del Mar. Residents enjoy a community pool, picnic area, and ocean views. Our HOA attorneys and staff look forward to working with Broadmoor Hills’…
AB 534 Signed: Associations to Provide Notice to Members of Lien Claims
Vendor professionals frequently provide a variety of services on behalf of community associations and individual homeowners. Under California’s Constitution, unpaid vendors possess a legal right to lien the property upon which they work for the value of their rendered services or furnished material. AB 534 (Gallagher), effective January 1, 2018, seeks…
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*Unpublished Case Recently, many residential common interest developments have experienced an influx in the number of short-term rentals within their community.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…
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…
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…
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…