*New Library Article “Always be prepared.” That simple phrase sums up the importance of funding and properly maintaining a reserve account. Accidents and surprise maintenance issues will inevitably pop up. When they do, the HOA that has been properly funding and managing its reserve account will be prepared to do…
We are privileged for the opportunities we have to build relationships with our HOA clients throughout the state of California. We are humbled when board members take the time to express their appreciation for the work we provide to their communities: “Thanks, and you have provided top notch services.” (Board…
*Asked & Answered Asked – Our HOA’s Architectural Committee received an application for a homeowner to install artificial grass in their front yard. Does Civil Code Section 1353.8 (Use of Low Water Using Plants) require us to approve it? Answered – No. Civil Code Section 1353.8 renders void and unenforceable…
We are proud to announce that Higgins Lofts has selected Tinnelly Law Group as their association legal counsel. This beautiful 10-story building in downtown Los Angeles was conceived and designed in 1910. Upon entering the lobby, residents are greeted with classic detailing including mosaic title flooring, caged elevators, and meticulous…
Under the Davis Stirling Act as currently written, common interest developments (“CIDs”) are required to comply with certain procedures for conducting elections. Among other requirements, the Act requires CIDs run by homeowners associations (“HOAs”) to adopt rules and appoint inspectors for the purpose of verifying signatures, counting and tabulating votes.…
We are proud to announce that Alcott Community Association has selected Tinnelly Law Group as their association legal counsel. Nestled in the Coyote foothills of Buena Park, Alcott provides residents with a small town feel in one of the most desirable areas of Orange County. Surrounded by parkland, sandstone cliffs,…
The problems posed by second-hand smoke have become a burning issue for California homeowners associations (“HOAs”), expecially condominium developments. A HOA typically does have the authority to adopt operating rules that prohibit smoking in common areas and exclusive use common areas; however, those rules may be insufficient to address problems…
*New Case Law In our recent blog post entitled “Are Attorney’s Fees for ADR Recoverable?” we touched briefly on the recently decided case of Grossman v. Park Fort Washington Association (2012) 212 Cal. App. 4th 1128 (“Grossman”). In response to requests for more information on this issue from our clients…
*Asked & Answered Asked: Are there any negative consequences or liability that can result from our Board’s failure to distribute the HOA’s annual budget? Answered: Yes. California Civil Code Section 1365 requires a homeowners association (“HOA”) board of directors to prepare and distribute an annual pro forma operating budget to…
*Asked & Answered Asked – Are our HOA’s attorney’s fees recoverable when we participate in ADR with a homeowner? Answered – Maybe. Civil Code §1354(c) states that “in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” Alternative Dispute Resolution (“ADR”)…