HOA Lawyer Blog

New Client: Brighton Homeowners Association

Published on: August 14, 2018 | by Steven J. Tinnelly, Esq.

We are proud to announce that Brighton Homeowners Association has selected Tinnelly Law Group as their association’s legal counsel.

Brighton is a brand new condominium community by Taylor-Morrison. Residents enjoy the opportunity for outdoor activities and recreation in Livermore and the surrounding areas. With hiking trails, skate parks, dog-friendly play areas and downtown art walks, there is something for everyone.

Our HOA attorneys and staff look forward to working with Brighton’s Board and management.

Debunking the Myths of Volunteer Board Service

Published on: August 7, 2018 | by Steven J. Tinnelly, Esq.

bustingthemyths1-1-300x197 Congratulations! You’ve just been elected to your Board of Directors – now what? Or maybe you’ve been serving as a volunteer director for some time and you just aren’t sure which way is up. If you have been dazed and confused but still have a passionate heart to do the right thing in the best interest of your community, then there may be some myths that need to be debunked. Navigating through conflict, financial tough spots, working with your service providers, noncompliance issues, homeowner requests, day-to-day operations, and strategic planning can be overwhelming. Changing the way you do business can take you from volunteer Board member to community leader.

First and foremost, association directors must recognize that they have the same fiduciary duties as boards of large corporations. Each director has a duty of loyalty to the association and its members. He or she must act in the best of the association, accepting that a decision of a majority of a quorum of the board is a decision of the whole board. Volunteer directors are shielded from personal liability, provided they have acted in accordance with their fiduciary duties.

Board members must also act in accordance with the “business judgment rule.” They must act in good faith and in the best interest of the association; not according to self-interest or the interests of a particular group within the community. They must act only after reasonable inquiry, consulting with experts when it is prudent to do. And, they must act as an ordinarily prudent person in a like position would do, minimizing risks where they can be reasonably avoided. Keeping these two criteria in mind, let’s debunk a few myths of volunteer board service.

New Client: Arbor Real Homeowners Association

Published on: July 31, 2018 | by Steven J. Tinnelly, Esq.

Arbor-Real We are proud to announce that Arbor Real Homeowners Association has selected Tinnelly Law Group as their association’s legal counsel.

Arbor Real is a condominium community located in the city of Palo Alto. Residents enjoy a large swimming pool, barbecue area, playground, and greenbelts.

Our HOA attorneys and staff look forward to working with Arbor Real’s Board and management.

New Client: Heritage at Vista Del Verde Homeowners Association

Published on: July 24, 2018 | by Steven J. Tinnelly, Esq.

We are proud to announce that Heritage at Vista Del Verde Homeowners Association has selected Tinnelly Law Group as their association’s legal counsel.

Heritage is a luxury townhome community located within the master planned community of Vista Del Verde in Yorba Linda. Adjacent to the 18-hole championship, Black Gold Golf Club, residents enjoy opulent common areas, pool and barbecue area.

Our HOA attorneys and staff look forward to working with Heritage at Vista Del Verde’s Board and management.

Is a Homeowners Association Required to Install and Maintain AEDs?

Published on: July 17, 2018 | by Steven J. Tinnelly, Esq.

The issue of whether or not a homeowners association is required to install and maintain an automated external defibrillator (“AED”) on-site is a question that has not been directly addressed by California courts. As a result, many community members and Board of Directors (“Board”) seek legal guidance and clarity as to the same. In particular, associations that maintain common area facilities and accommodations such as a gym, basketball court, tennis court, or swimming pool, feel the need to maintain an AED due to the rising number of lawsuits that are being filed against businesses and corporate entities for failing to maintain same.

The main cause of action named in these lawsuits is one of negligence, wherein plaintiffs claim the landowner has breached its duty of care by failing to maintain an AED on-site; chief among these cases is Verdugo v. Target Corp. (2014) 59 Cal.4th 312. In this case, Verdugo, age 49, suffered a sudden cardiac arrest while shopping at Target and died despite the paramedics’ attempts to revive her. There was no AED in the store. Verdugo’s family members filed the suit against Target claiming that it breached its duty of care to its invitees (i.e., business guests) by failing to maintain an AED in the store. However, the Court ruled in favor of Target holding that it did not owe a statutory or common law duty to maintain an AED.

The Court found that Target did not owe a statutory duty of care under California Health and Safety Code (“CHSC”) §1797.196 because it only imposes obligations on an entity or person that maintains an AED; the statute does not require them to maintain same. More importantly, the Court reasoned that while Target owed a reasonable duty of care to provide assistance to a patron in medical need, maintaining an AED exceeded the scope of duty. The Court looked at two factors: (1) the degree of foreseeability that the danger will arise on the business’s premises and (2) the relative burden that providing a particular precautionary measure will place upon the business.

In its evaluation of the two factors, the Court found that there was no reason for Target to foresee that shopping within its premises would increase the risk or cause an invitee to go into cardiac arrest. Secondly, the burden of regularly maintaining an AED (in accordance with all federal and state regulations) and trained personnel on-site was not minor or minimal, outweighing the need for same.

Although Verdugo dealt with a for-profit corporation, it appears to support the position that homeowners associations are not required to maintain an AED. Like Target, a homeowners association does not have any reason to foresee an increased risk of cardiac arrest within its premises from the mere fact an individual—whether it is a homeowner, guest, or tenant—is occupying a unit within the community or visiting.

New Client: Park Vista Maintenance Association

Published on: July 10, 2018 | by Steven J. Tinnelly, Esq.

Park-Vista We 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.

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

New Client: Lucent II Homeowners Association

Published on: July 3, 2018 | by Steven J. Tinnelly, Esq.

We are proud to announce that Lucent II Homeowners Associations has selected Tinnelly Law Group as their association’ Lucent-II s legal counsel.

Lucent II is a brand new condominium community by Shea Homes. Located in San Diego, Lucent brings the feel of a luxury hotel to the Civita community, much like a Manhattan loft on the edge of Central Park. Once inside, wide-open floor plans are graced by glass on three sides and wrap around balconies to flood the interior with sunlight and expansive city lights.

Our HOA attorneys and staff look forward to working with Lucent II’s Board and management.

Water Damage Claims in Your Condo Association

Published on: June 26, 2018 | by Steven J. Tinnelly, Esq.

hoa-water-damage-claims *New Library Article!

Many condominium associations face problems due to a misunderstanding of how their association’s policies of insurance operate and should be utilized—especially in connection with property damage emanating from broken pipes or plumbing fixtures. Those problems include, among others: (a) denying owners the benefit of the insurance coverage to which they are entitled; (b) having the association assume broader repair responsibilities than what it legally must or should; and (c) failing to adopt policies to allow for losses to be resolved in consistent, equitable and cost-efficient manners.

Our HOA attorneys have authored a new article to address these problems by dispelling some of the confusion at their core. In doing so, we provide recommendations as to how condominium associations should approach water damage claims with the assistance of their HOA legal and insurance professionals. Those recommendations include what we believe every condominium association should adopt as part of their operating rules: a “Water Loss Policy.”

The article, entitled “Water Damage Claims in Your Condo Association,” is available for download from our firm’s library. You can access the article by clicking here.

New Clients: Civita Community and Civita Residential Associations

Published on: June 19, 2018 | by Steven J. Tinnelly, Esq.

Civita We are proud to announce that Civita Community and Civita Residential Associations have selected Tinnelly Law Group as their associations’ legal counsel.

Civita is a new master planned community in San Diego. Located in the heart of Mission Valley, Civita blends equal parts urban vibe and village charm. Spanning 2.5 acres, the Rec Center includes a lagoon pool, lap pool, two spas, an outdoor screen for summertime movies, and a 9,000 square foot clubhouse with fitness room, game room, and multipurpose room with a professional kitchen. Over 60 acres of parks, open space and a civic center are planned.

Our HOA attorneys and staff look forward to working with Civita’s Board and management.

New Client: Brookstone Condominiums Homeowners’ Association

Published on: June 12, 2018 | by Steven J. Tinnelly, Esq.

We are proud to announce that Brookstone Condominiums Homeowners’ Association has selected Tinnelly Law Group as their associations’ legal counsel.

Brookstone is a quiet condominium community located in South Huntington Beach. Residents enjoy a community pool, spa, barbecue area, and close proximity to the beach.

Our HOA attorneys and staff look forward to working with Brookstone’s Board and management.

HOA Lawyer BLog