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HOA Not Liable for Injuries Sustained by Independent Contractor

A recently decided case held that the California Occupational Safety and Health Act (Cal-OSHA) did not impose on a Homeowners Association (HOA) any duty to an independent contractor who was injured in a fall while servicing AC units on rooftops at the HOA complex. In Iversen v. California Village Homeowners…

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Complaining about your HOA is a Constitutionally Protected Activity

A recently decided case underscores the fact that speaking out against the action of a HOA’s Board of Directors, agents and/or management is a constitutionally protected activity. In Country Side Villas Homeowners Association v. Susan Ivie, 193 Cal.App.4th 1110 (2011) (“Country Side“), a homeowner (“Ms. Ivie”) was upset at the…

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The Problem of Suspended Homeowners Associations

California Homeowners Associations (“HOAs”) primarily exist as California Nonprofit Mutual Benefit Corporations. We have recently encountered some instances where smaller and/or self-managed HOAs have failed to file and pay their state corporate taxes and/or make certain corporate filings. The unfortunate result for these HOAs is that their California corporate status…

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City Held Responsible for Maintaining Berm Supporting HOA Property

In Coronado Cays Homeowners Association v. City of Coronado (2011), the City of Coronado (“City”) appealed a judgment in which the court determined the City, rather than the Coronado Cays Homeowners Association (“Association”) is responsible for the maintenance of a berm that provides lateral support to bulkheads located on Association…

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Homeowners Compelled to Submit to Hoarding Inspections by HOA

Laguna Woods’ United Mutual HOA board voted unanimously this month to adopt a policy to compel residents suspected of hoarding to allow the association to inspect their home. In the wake of the policy’s adoption, the HOA’s board of directors sought to assure the association’s members that the policy would…

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Homeowners Associations Saving Money with Solar Power

The rough economic times have encouraged Homeowners Associations to look for ways to reduce their expenditures. In an effort to reduce electricity costs, some Homeowners Associations in Arizona are turning to solar power. An article published in the Arizona Republic highlights one such Homeowners Association, the Sunbird Golf Resort. After…

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TLG Secures $170,000 in Attorneys’ Fees for HOA Client in Orange

TLG awarded $170,000 in attorneys’ fees in maintenance enforcement suit for our HOA client in the City of Orange For those of you that read our blog post, you know that TINNELLY LAW GROUP has recently prevailed in a maintenance enforcement suit for one of our clients–a Homeowners Association (HOA)…