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HOA Lawyer Blog

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Arbitration Provisions Rise Again in Construction Defect Disputes

*New Case Law On August 16, 2012 the California Supreme Court announced its decision in a case that will undoubtedly impact homeowners associations (“HOAs”), developers, owners and insurers in disputes arising from construction defects. The ruling in Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC sets the stage…

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HOA’s Ability to Impose Assessments for Maintaining Exclusive Use Common Areas?

*Asked & Answered Asked – My condominium association is imposing a special assessment against all owners to reimburse it for costs incurred in repairing the structure of an owner’s leaking balcony. Because the balcony is “exclusive use common area” to be maintained by the individual owner, is my association in…

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New Client: Bay Ridge Heights Condominium Homeowners Association

We are proud to announce that the Bay Ridge Heights Condominium Homeowners Association has selected Tinnelly Law Group as its new legal counsel. Located in the City of San Mateo, Bay Ridge Heights consists of 40 charming condominium homes surrounded by lush landscaping. Bay Ridge Heights’ residents enjoy a quiet…

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HOA Prohibiting Single Owners from Renting Out Multiple Units?

*Asked & Answered Asked – Can the Board amend the HOA’s CC&Rs to limit a homeowner who owns multiple units from renting more than one unit unless they live within the HOA? Answered – Yes. Provided that the requisite procedures are followed and membership approval is obtained, the Board of…

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Fining Homeowners for not Completing HOA Surveys?

*Asked & Answered Asked – May our HOA impose fines on homeowners who fail to complete HOA surveys? Answered – Probably not. In general, a homeowners association (HOA) does have the authority to impose reasonable fines to deter violations of the HOA’s governing documents, as well as any rules and…

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HOA Board Member Access to Homeowner Mailboxes?

*Asked & Answered Asked – Does our HOA Board President have the right to access our locked mailboxes in order to put a name card on the box? Answered – No. There are no Federal statutory provisions specifically addressing this situation; however, no one except the homeowner or the postal…