There is no substitute for expertise. HOA law is what we do.

Articles Posted in HOA Governance

hoa law firm*New Library Article

AB 805, effective January 1, 2014, will make existing California law pertaining to Homeowners Associations (“HOAs”) more logical and user-friendly. The bill’s primary effect is (1) to renumber and reorganize the Davis-Stirling Common Interest Development Act (“the Act”), and (2) to make various minor changes to the substantive content the Act. Other than renumbering of the Act from Sections 1350-1378 of the Civil Code to Sections 4000-6150, the bill reorganizes the Act in a more logical manner. It also standardizes terminology, eliminates outdated references to other authorities, groups provisions pertaining to the same subject matter, and reorganizes longer sections into more convenient subparts. While most of the Act’s content will remain the same, this blog post provides an overview of what substantive changes will go into effect as of January 1, 2014.

Our HOA lawyers have also published this information in our new library article entitled “The Basics of AB 805,” available for download from our library.

Continue Reading ›

*Asked & Answeredhoa law firm

Asked As a HOA member, do I have the right to see a copy of a lease agreement pertaining to a home that was acquired by my HOA through foreclosure of an assessment lien?

Answered – Yes, you may request to see a copy of the lease agreement. Under Civil Code §1365.2(a)(1)(D),a HOA member is entitled to inspect certain “Association records” for any “proper purpose reasonably related” to her interests as a member of the Association. “Association records” include “[e]xecuted contracts not otherwise privileged under law.” 1365.2(a)(1)(D).

The term “privileged” in Civil Code §1365.2(a)(1)(D) essentially pertains to confidential or sensitive information, as well as records/communications which are protected by attorney-client privilege. A standard lease agreement between a HOA and a renter is generally not a “privileged” contract and is therefore subject to inspection as an “Association record.”

hoa attorney

The lease agreement may, however, include confidential information such as social security numbers. The HOA Board of Directors and/or management should ensure that such confidential information is adequately redacted from the lease agreement prior to providing it to a member for inspection. A HOA that has questions or concerns regarding the disclosure of HOA lease agreements and the information contained therein should consult with the HOA’s legal counsel.

To submit questions to the HOA attorneys at Tinnelly Law Group, click here.

*New Legislationhoa laws

On August 17, 2012 California Governor Jerry Brown signed into law Assembly Bills 805 and 806 and thus ended the California Law Revision Commission’s trek to reorganize the Davis-Stirling Common Interest Development Act (“the Act”). AB 805 effectively relocates the Act to a new Part 5 (commencing with Section 4000) to Division 4 of the Civil Code, while AB 806 cleans up numerical references to the Act contained in various California statutes.

The Community Association’s Institute (“CAI”) is an organization dedicated to providing “information and education to community associations and the professionals who support them.” CAI’s California Legislative Action Committee (“CAI-CLAC”) had a substantial amount of input in the legislative process over the past two years and ultimately supported AB 805 in its final form.

The law does not become effective until January 1, 2014 to provide HOA industry professionals, homeowners, Board Members and attorneys some time to become acquainted with its new reorganized form.

california hoa

The reorganization purported to clarify current provisions of the Act without making any substantive changes. There are, however, some changes that have been made. Our firm looks forward to assisting our clients and their management in 2013 with understanding those changes and the ways in which they may impact the day to day operations of their communities.

Click here to read CAI-CLAC’s blog post on AB 805.

contractors.jpg*New Resource

Every Homeowners Association (HOA) will at some point hire a vendor to perform certain tasks on behalf of the HOA, or to furnish services to the HOA and its members. In doing so, a HOA may be exposed to liability brought about by vendor actions and/or the terms of the vendor contracts. Because such liability may substantially impact the financial interests of the HOA and its members, HOA Boards of Directors and community managers must understand how to properly protect the HOA when hiring a vendor. This blog post addresses three issues that are key to doing so: (1) the necessity for hiring properly licensed, bonded and insured vendors, (2) the employment status of a vendor as an “independent contractor” or an “employee” of the HOA, and (3) the importance of having proposed vendor contracts reviewed by legal counsel prior to execution.

Our HOA lawyers have also published this information in our new resource entitled “HOA Concerns in Contracting with Vendors,” available for download from our library.

Continue Reading ›

*Asked & Answeredhoa law firm

AskedDoes 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 worker is allowed to open the homeowner’s locked mailbox or even possess the keys. The logical question then becomes why would a Board even have access to locked homeowner mailboxes, notwithstanding any maintenance obligations the HOA may have with respect to the mailbox’s supporting structures. Such access likely violates a homeowner’s privacy expectations. If in using the name cards the Board is seeking to deliver mail matter to homeowners without paying postage, that itself constitutes a violation subject to fine under 18 U.S.C. 1725: “Whoever knowingly and willfully deposits any mailable matter…on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter…with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title.”

https://hoalaw.tinnellylaw.com/wp-content/uploads/sites/26/2015/06/logo-icon.png

HOA Boards of Directors should recognize the potential liability that attends violations of state and federal statutes. HOA Boards of Directors should thus consult with the HOA’s legal counsel in situations where the Board’s authority to engage in some desired activity is not clearly provided for in the HOA’s governing documents.

To submit questions to the HOA attorneys at Tinnelly Law Group, click here.

*Asked & Answeredbingo_2.jpg

AskedDoes hosting a public bingo game at our association’s clubhouse expose the association to any liability under the Americans with Disabilities Act?

Answered -Yes, a homeowners association (“HOA”) that hosts public events at its facilities will need to comply with the rules and regulations of the Americans with Disabilities Act (“ADA”).

Access to HOA clubhouses and other facilities is typically limited to HOA members and their guests. Because limiting access in this respect maintains the private character of a HOA’s facilities, HOAs are generally not considered to be operating places of “public accommodation” within the meaning of the ADA and are therefore not legally obligated to comply with the ADA’s requirements. We have recently published a resource entitled “Disabled Residents and the Law” which addresses this very issue.

However, if your HOA has been granted permission by the California Gambling Control Commission to host a bingo game night at your clubhouse, then, among other regulations, the bingo game must be held open to members of the public. In such a situation, the HOA would be operating a place of public accommodation subject to the ADA’s regulations. Therefore, to the extent that the HOA’s facilities are not ADA compliant, the HOA may be exposing itself to unforeseen liability.

https://hoalaw.tinnellylaw.com/wp-content/uploads/sites/26/2015/06/logo-icon.png

A HOA which is considering or is already hosting public events at its facilities should consult its legal counsel to determine whether the HOA is exposing itself to unforeseen liability.

To submit questions to the HOA attorneys at Tinnelly Law Group, click here.

hoa attorney*New Resource

The 2012 amendments to the “Common Interest Development Open Meeting Act” have made it significantly more difficult for Boards to manage the affairs of their HOAs in a quick and efficient manner. Those amendments, as discussed in our previous resource,”Senate Bill 563: Boards and their Business,” made significant changes to the Civil Code, including, (1) revisions to the definition of meeting to include executive session meetings, (2) the inclusion of a new “No Action Without a Meeting” rule, (3) the implementation of a rule prohibiting Boards from considering items of business not noticed on a meeting agenda, and (4) a prohibition on meetings conducted or actions taken through email. As any Board Member or Manager knows, these changes have not only deprived Associations of many of the tools previously used to conduct business outside of regularly held Board meetings, but have also obstructed the channels and methods of communication that are necessary to effectively assign responsibilities and make ongoing mid-project decisions. Although HOAs are unfortunately bound to abide by these requirements, there are devices available to the Board that can significantly decrease the burdens these requirements impose. This blogpost discusses the use of one such device–the committee–and the various ways in which it may be used by Boards to address HOA business within the constraints imposed by the Civil Code.

Our HOA lawyers have also published this information in our new resource entitled “Committees: Delegating Authority to Achieve Efficiency,” available for download from our library.

Continue Reading ›

homeowners_association*New Resource

Various laws have been established to protect the rights of disabled individuals, such as the Americans with Disabilities Act (“ADA”) and the Federal Fair Housing Act (“FFHA”). These laws govern both public and private facilities, and set forth the degree to which an entity, such as a homeowners association (“HOA”), is responsible for making modifications or improvements to accommodate individuals with disabilities. This blog post is in response to recent client inquiries relating to this issue; it addresses the applicability of each of these laws to HOAs and sheds some light on the potential issues that HOA Boards and Managers should be aware of.

Our HOA lawyers have also published this information in our new resource entitled “Disabled Residents and the Law,” available for download from our library.

Continue Reading ›

hoa board member*New Resource

Serving as a Director on your HOA’s Board can be a frustrating and thankless job. Raising assessments, enforcing the governing documents, and taking other potentially unpopular actions can lead to disputes and charged emotions. Despite that fact, Directors, as representatives of the Homeowners Association, must conduct themselves in an appropriate manner. Overly aggressive or inappropriate behavior by a rogue Director or officer can give rise to liability for both the Association and the Board. Fortunately, there are mechanisms available to safeguard against liability in such situations and, if necessary, to have the rogue Director removed. This blog post addresses those mechanisms.

Our HOA lawyers have also published this information in our new resource entitled “Rogue DIrectors: Battling Bad Behavior,” available for download from our library.

Continue Reading ›

homeowners association law.jpg*New Resource

Electing a Board of Directors to manage the Association is a complex and time consuming process. Despite the best of intentions, sometimes things slip through the cracks, whether it’s the qualifications of someone on the ballot or the manner in which votes are collected and tallied. When this occurs, the appointment of a specific director or the election as a whole can be challenged by a member. This blog post discusses the basics of such a challenge, including who has standing to bring a challenge, when a challenge can be brought, and how such a challenge can affect the Association.

Our HOA lawyers have also published this information in our new resource entitled “Challenges to Association Elections: Facts and Consequences”, available for download from our library.

Continue Reading ›

Contact Information