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…
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…
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…
A HOA may not be responsible for the entire cost to repair damage if the owner was slow to disclose the situation to the HOA. The heavy rains that hit Southern California this winter have unfortunately resulted in many instances of leaks and water intrusion. If a Homeowners Association (“HOA”)…
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)…
A sincere thank you to all of our clients and industry colleagues that attended our Official Launch Party on Friday, January 28th At one point it was standing room only in our new Orange County offices during our Official Launch Party. We had a fantastic time and were truly humbled…
TINNELLY LAW GROUP has prevailed in a maintenance enforcement suit for one of our clients–a Homeowners Association (HOA) in the City of Orange, California. Our client initially sought to resolve its dispute for several years with the homeowner outside of court through Alternative Dispute Resolution (ADR). The homeowner refused to…
Arbitration provisions contained in a developer’s recorded CC&Rs are held not to be binding contractual terms… Our recent blog post titled “Enforceability of Arbitration Provisions in Disputes with Developers” discussed the 2010 case of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, 187 Cal.App.4th 24 (2010). In Pinnacle,…
Arbitration provision contained in developer’s CC&Rs is not binding contract term… Villa Vicenza Homeowners Association v. Nobel Court Development, LLC(2011) WL 72200 OPINION, BENKE, Acting P.J. *1 In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC & R’s) which required that…
Common Interest Developments>Governing Documents>Enforcement California Civil Code § 1354. Covenants and Restrictions in Declaration as Equitable Servitudes; Enforcement; Alternative Dispute Resolution (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests…