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HOA Lawyer Blog

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Clarifying When a HOA may be Deemed the ‘Prevailing Party’ in an Enforcement Suit

*New Case Law Civil Code Section 5975(c) serves a vital function for any HOA’s enforcement efforts. Should a HOA be required to file a lawsuit to enforce its governing documents, Section 5975(c) entitles the HOA to recover from the defendant homeowner the HOA’s attorney’s fees, provided that the HOA is…

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New Client: Meadow Walk Homeowners Association

We are proud to announce that Meadow Walk Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel. Meadow Walk, by Shea Homes, is a brand new townhome community located within the charming urban village of Bay Meadows, a progressive new urban village on the Caltrain Line in the heart of San Mateo.…

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New Client: Sage Homeowners Association

We are proud to announce that Sage Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel. Sage, by Shea Homes, is a brand new master planned community located in Livermore. Residents will enjoy a 1.5 mile walking and bike path, swimming pool, outdoor and indoor fitness centers, a community activities building, yoga…

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FHA Proposes New Rule for Condominium Certification & Lowers Owner-Occupancy Requirement

We previously blogged about H.R. 3700, the “Housing Opportunity Through Modernization Act of 2016”, which was signed by the President on July 29, 2016.  H.R. 3700 required the Department of Housing and Urban Development (“HUD”) to streamline the Federal Housing Administration (“FHA”) recertification process, provide regulations for commercial space exemptions,…

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New Client: Mission Grove Community Association

We are proud to announce that Mission Grove Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Mission Grove, by D.R. Horton, is a brand new condominium community located in San Marcos.  Conveniently located near Cal State San Marcos and Palomar Community College, the community features tot lots, pool, BBQ and picnic benches for…

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New Client: Carmel Row Community Association

We are proud to announce that Carmel Row Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Carmel Row, by ColRich, is a brand new townhome community located in San Diego. Adjacent to future retail spaces and just minutes from parks, local beaches, freeways and numerous business centers, Carmel Row is a…

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Attorney’s Fees are Recoverable to Enforce Settlement Agreement Reached in ADR

*New Case Law The Davis-Stirling Act promotes the nonjudicial resolution of disputes between homeowners associations (“HOAs”) and their members in various respects. One example is found contained in Civil Code Sections 5930 et. seq.  which, in sum, require that the disputing parties to endeavor to resolve the dispute through Alternative…

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New Client: Sommerset Citihomes Homeowners Association

We are proud to announce that Sommerset Citihomes Homeowners Association has selected Tinnelly Law Group as their association’s legal counsel. Located in the City of Costa Mesa, the Sommerset Citihomes condominium community consists of 120 beautiful condominium homes located just a few blocks from South Coast Plaza, South Coast Metro, and Crystal Court. Residents…

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New Client: L’Association Des Propriataires

We are proud to announce that L’Association Des Propriataires (“Le Parc”) has selected Tinnelly Law Group as their association’s legal counsel. Le Parc is a condominium community located in Lake Forest.  Originally designed by Johannes Van Tilburg & Partners, this award-winning project was completed in three different phases in 1983 and 1984.  Le Parc boasts…

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HUD Establishes Rules Regarding Discriminatory Activity and Liability under the Fair Housing Act that will Directly Impact Homeowners Associations

The U.S. Department of Housing and Urban Development (“HUD”) recently adopted regulations for evaluating claims of harassment in housing and housing related transactions because of race, color, religion, sex, national origin, disability, or familial status under Title VIII of the Civil Rights Act of 1968 (“Fair Housing Act”).  The new…