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3-5_aba_little_tots*New Legislation

Governor Newsome recently signed into law Senate Bill 234 (“SB 234“), also know as the “Keeping Kids Close to Home Act.”  The new law will take effect on January 1, 2020.  SB 234 permits large daycare homes, which provide care for up to 14 children at one time, to operate within HOA communities regardless of contrary language in their CC&Rs.  The purpose of SB 234 is to increase the availability of childcare for families across the state by making it easier for daycare homes to operate in residential neighborhoods.

“It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting.”

The California legislature previously declared that small daycare homes (those providing care for up to 8 children) were immune from HOA restrictions, like those against commercial use. (See H&S Code, section 1597.40(c).)  Prior to SB 234, local governments could decide whether to classify large daycare homes like small daycare homes or to subject the large daycare operators to additional restrictions and requirements.

In effect, SB 234 voids CC&R provisions that prohibit Owners from utilizing their properties as large daycare homes, so long as those Owners follow the necessary state licensing requirements and provide care for no more than 14 children.  The bill also informs those wishing to open daycare homes that remedies are available if the local governments or HOAs discriminate against them.

HOAs across the state should be aware that Owners have the right to open large daycare homes within the community, regardless of restrictions against commercial use or for single family use.  However, the new law does not allow Owners to violate other CC&R restrictions, like those prohibiting noise nuisances.

California HOA lawyers HOAs should always consult with their legal counsel when responding to Owners’ requests to open daycare homes within the communities in order to ensure compliance with the new state law and their CC&Rs.

-Blog post authored by TLG Attorney, Sarah A. Kyriakedes, Esq.

Portarosa-300x169It’s our privilege to welcome Portarosa Community Association to Tinnelly Law Group’s growing family of HOA clients.

Portarosa by Lennar is a community of beautiful new townhomes set behind private gates conveniently located near the Birch Hills Golf Course in Brea. Innovative new home designs provide open interiors, private courtyards, and indoor-outdoor living space. Expansive amenities including a community pool with spa, outdoor barbecue, and neighborhood park offer family-friendly options for entertainment.

hoa law firm Our HOA lawyers and staff look forward to working with Portarosa’s Board and management.

Park-VistaWe are proud to announce that Park Vista Maintenance Association has selected Tinnelly Law Group as their association’s legal counsel.

Park Vista is part of the Woodbridge Village Association in the City of Irvine.  Residents enjoy tennis courts, green parks, association pools and spas, and use of the lagoons and clubhouses.

hoa laws Our HOA attorneys and staff look forward to working with Park Vista’s Board and management.

hoa-membership-id-cards*Asked & Answered

Asked – Our HOA makes us take a photograph which they put on an ID card to use at the various amenities on site. Upon move out, they make us turn in the IDs. I found out that they don’t destroy the cards that have our name and photograph and what unit we are in. The HOA keeps it in the “unit file” in perpetuity. I don’t feel comfortable with this, but I turned mine and my husband’s in to avoid paying $25 each for not handing them in. My step-daughter has lost hers and I’m being charged $25. In finding out the fee does not go to defray any costs incurred by the board. This does not sound legal/in-line with privacy laws. Suggestions?

AnsweredThe HOA’s practice of retaining photo ID cards does not violate the law; however, the ID cards do not contain information that HOA’s are required to retain as HOA “records” such as copies of the HOA’s governing documents, minutes, financial records, and litigation files. There is no arguable reason for the HOA to retain photo ID’s of past members, so it would be our recommendation that rather than retain the photo ID cards the HOA shred them once they are surrendered, thereby preventing any opportunity for misuse of the information and photographs contained in the cards.

hoa laws The charge of $25 for members who fail to turn in their ID cards upon moving out of the community is probably a penalty charge listed in the HOA’s Fine Schedule.  As a fine, the charge is not required to be used to defray costs incurred by the HOA, but is a penalty designed to motivate members to surrender their cards, so they are not used for entrance to the HOA’s amenities by unauthorized individuals. The amount of the fine is not “unreasonable,” so it does not violate the Civil Code that governs homeowners associations.

Content provided by TLG attorney Terri A. Morris, Esq.

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

LanaiWe are proud to announce that Lanai Owners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Lanai is a brand new single family home community by Shea Homes.  Located one mile from the Pacific Ocean Beaches in the heart of Carlsbad, residents will enjoy ocean views and easy access to beaches, entertainment, shopping, and dining.

hoa laws Our HOA attorneys and staff look forward to working with Lanai’s Board and management.

HeirloomWe are proud to announce that Heirloom Community Association has selected Tinnelly Law Group as their associations’ legal counsel.

Heirloom is a brand new townhome community by The New Home Company.  Heirloom at The Cannery presents an extraordinary opportunity to reside in California’s first farm-to-table new home community. Heirloom received the prestigious “Community of the Year” honor at the 2016 MAME Awards presented by the North State Building Industry Association. The idea for living at The Cannery in Davis is pure and natural: Surround homes with parks and a working farm.  Residents enjoy an urban garden, producing farm, market, pool and ranch clubhouse.

hoa laws Our HOA attorneys and staff look forward to working with Heirloom’s Board and management.

water-rain-raindrops-drops

On April 7, 2017, Governor Brown signed Executive Order B-40-17, ending the drought state of emergency in most of California.  Drought restrictions will remain in effect in Fresno, Kings, Tulare, and Tuolomne counties, which continue to face drinking water shortages and diminished groundwater supplies.  The new Executive Order rescinds the emergency proclamations from January and April 2014, along with four drought-related executive orders.

Over the last few years, the California legislature has passed several bills aimed at water conservation within community associations. AB 2100 amended Civil Code Section 4735 to prohibit associations from fining or threatening to fine an owner for failing to water vegetation or lawns during a state or local government-declared drought.  SB 814 also authorized penalties for excessive residential water use during periods of government-declared droughts. Now that the state of emergency has been lifted, these laws are no longer in effect, provided the local jurisdiction has not declared a local drought.

AB 2104 further amended Section 4735 to restrict an association from prohibiting low-water using plants as a group, and AB 349 amended Section 4735 to restrict an association’s authority to prohibit artificial turf.  Although the drought restrictions have been lifted, this legislation protects homeowners from having to reverse or remove any landscaping measures that were installed in response to the government-declared drought.

The State Water Resources Control Board (SWRCB) also adopted emergency regulations that subject associations to fines of up to $500 per day for violating the provisions of Section 4735.  These regulations will remain in effect until November 25, 2017, or until they are modified or repealed by SWRCB.

The decision to lift drought restrictions was partly based on unprecedented water conservation.  Californians saved more than 20% of urban water since the Governor mandated water use reductions in 2015.  Despite the record levels of water conservation, the State cautions, “This drought emergency is over, but the next drought could be around the corner,” said Governor Brown. “Conservation must remain a way of life.”

Executive Order B-40-17 continues the provisions in the previous Executive Order, “Making Water Conservation a California Way of Life.”  Permanent restrictions prohibit the use of potable water for:

  • hosing off sidewalks, driveway and other hardscapes;
  • washing automobiles with hoses not equipped with a shot-off nozzle;
  • using non-recirculated water in a fountain or other decorative water feature;
  • watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and
  • irrigating ornamental turf on public street medians.
California HOA lawyers The SWRCB will continue to plan for future droughts and promote water conservation as a way of life, which may result in more legislation.  

Blog post authored by TLG Director of Business Development, Ramona Acosta.

new-client-PSD-file-to-editWe are proud to announce that Regency Villas Association of San Diego has selected Tinnelly Law Group as their associations’ legal counsel.

Regency Villas is an active adult community for seniors 62 and older in the University City area of San Diego. The community is ideally located within walking distance of shopping and restaurants, and just a short 10-minute drive to La Jolla beaches.  Residents enjoy a clubhouse with recreation room, gym, and barbecue area.

hoa laws Our HOA attorneys and staff look forward to working with Regency Villas’ Board and management.

Sea-RidgeWe are proud to announce that Sea Ridge Condominium Association has selected Tinnelly Law Group as their associations’ legal counsel.

Sea Ridge is a condominium community located in the City of Dana Point, in close proximity to pristine beaches and the St. Regis Resort.  Residents enjoy expansive ocean and greenbelt views, tennis courts, a community pool, and clubhouse.

hoa laws Our HOA attorneys and staff look forward to working with Sea Ridge’s Board and management.

SavannahWe are proud to announce that Savannah at Mountain House Owners’ Association has selected Tinnelly Law Group as their associations’ legal counsel.

Savannah is a brand new single family home community in the growing town of Mountain House being developed by Signature Homes. Residents will enjoy a true neighborhood vibe, where they can share a cup of coffee on the porch or entertain family and friends in spacious great rooms.

hoa laws Our HOA attorneys and staff look forward to working with Savannah’s Board and management.