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HOA Lawyer Blog

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New Client: Portola Hills Community Association

We are proud to announce that Portola Hills Community Association has selected Tinnelly Law Group as their associations’ legal counsel. Portola Hills is a planned development located in Trabuco Canyon, surrounded by the Saddleback Mountains and Whiting Ranch Wilderness Park.  Residents enjoy a private recreation center, including a pool, jacuzzi, and tennis courts,…

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Occupancy Limitations and Homeowners Associations

On January 20, 2015, a tragic fire ripped through a condominium complex in the city of San Juan Capistrano, killing three, injuring six, and displacing eighty residents living in eight units.  The decedents were three of seventeen individuals living in a four-bedroom condominium.  In light of the deaths and their…

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New Client: The Crossings Rowhouse Association

We are proud to announce that The Crossings Rowhouse Association has selected Tinnelly Law Group as their associations’ legal counsel. The Crossings Rowhouse is a transit-oriented condominium community located in the city of Mountain View, 30 miles south of San Francisco. Residents enjoy a walkable and bikeable neighborhood, close to retail shops, parks,…

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Modifying Enforcement Policies; Avoiding Claims of ‘Selective Enforcement’

One problem that arises in the context of enforcing homeowners association (“HOA”) governing documents pertains to how consistently certain use restrictions in the governing documents are enforced over time. For example, if a HOA has historically failed to enforce a particular restriction, a decision to enforce that restriction against a…

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New Client: Savannah at Mountain House Owners’ Association

We are proud to announce that Savannah at Mountain House Owners’ Association has selected Tinnelly Law Group as their associations’ legal counsel. Savannah is a brand new single family home community in the growing town of Mountain House being developed by Signature Homes. Residents will enjoy a true neighborhood vibe, where…

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AB 596: Is Your Community FHA or VA Certified?

We have previously blogged about Federal Housing Administration (FHA) certification for condominium associations.  Recently, the California legislature proposed AB 596 (Daly), which would add a separate document to the Annual Budget Package disclosing whether the condominium association is FHA approved.  This bill would also require a second document disclosing whether…

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Expanded Scope of ‘Judicial Deference’ – Authority to Impose Short-term Renter Fees

*New Case Law In the landmark case of Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249 (“Lamden“), the California Supreme Court established what is known as the “Rule of Judicial Deference” or “Lamden Rule” that, in sum, requires courts to defer to decisions made by a…

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CA Supreme Court Expands Scope of Attorney’s Fees Awards Under Civ. Code Section 5975(c)

*New Case Law Litigation can be a time consuming and costly endeavor. These two factors typically weigh heavily against filing a lawsuit, especially where there is no ability for the party prevailing in the lawsuit to recover its attorney’s fees and costs. By default, the “American Rule” with respect to…