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HOA Lawyer Blog

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Redemption Rights after HOA Nonjudicial Foreclosure

*New Case Law Earlier this year, we blogged about an appellate court case that underscored the necessity for a homeowners association (“HOA”) to strictly comply with the statutory procedures and requirements applicable to assessment collection. That case focused on various requirements pertaining to the transmittal of notices (i.e., assessment lien…

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2014 Families Forward Thanksgiving Basket Distribution

For the second year in a row Tinnelly Law Group participated in the Families Forward Thanksgivng Basket Distribution. Last Friday, Sommer, Kai and Terri joined fellow volunteers on the “school pickup” team and loaded cars full of all the trimmings necessary for a wonderful Thanksgiving meal. The distributions on Friday…

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Is There a ‘Model’ Set of HOA Rules & Regulations?

*Asked & Answered Asked – Are there recognized models of well-written rules and regulations for homeowners associations? Answered – No, there are not, and the reason is because homeowners association (“HOA”) CC&Rs typically leave the drafting and amending of rules and regulations to the HOA’s Board of Directors. The types…

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Tendering Lawsuits Brought Against the HOA

*New Library Article There are instances where a disgruntled homeowner may file a lawsuit against his or her homeowners association (“HOA”). The lawsuit may be based on a variety of claims (i.e., claims involving property damage or alleged malfeasance on the part of the HOA’s Board of Directors). This is…

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Court Upholds Use of HOA Election Rules for Director Qualifications

*New Case Law Provisions setting forth the qualifications for serving on a homeowners association (“HOA”) Board of Directors are typically found in the HOA’s Bylaws. At the time when these provisions were originally drafted, they may have been insufficient to establish a set of specific qualifications designed to avoid operational…

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SB 752: Commercial & Industrial CID Act Signed into Law

*New Legislation Commercial and Industrial Common Interest Developments (“Commercial CIDs”) in California have historically been governed by the same provisions that apply to planned residential developments and condominiums: the Davis-Stirling Common Interest Development Act (“Davis-Stirling”). However, some of those provisions have resulted in unnecessary burdens and requirements for Commercial CIDs…

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HOA Managers Not ‘Contractors,’ But Beware…

*New Legislation We have previously blogged about the introduction of SB 822 by the California Legislature earlier this year. SB 822, in part, clarifies recent amendments to the California Business and Professions Code relating to “contractors” whom are required to be licensed by the state. The clarifying language was introduced…