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

Sage-CanyonWe are proud to announce that Sage Canyon Maintenance Corporation has selected Tinnelly Law Group as their associations’ legal counsel.

Sage Canyon is a beautiful condominium community located next to the Sierra Del Oro Hills in Corona. Residents enjoy a pool and spa overlooking the city, clubhouse, sand volleyball court and gym.

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

*New Case Lawhoa-boundary-dispute

Rural, equestrian, and large-scale planned developments may include properties with spacious lot sizes bordered by common area lots and open spaces. When property lines are not clearly delineated or easily identified in these communities, there may be instances where a homeowner seeks to expand his property by constructing yard improvements that extend beyond his property line and encroach onto adjacent, HOA-owned common area. If this is not discovered and addressed by the HOA in a timely fashion, there are avenues under California law through which the homeowner may assert that he has obtained an easement over (and in extreme circumstances, actual ownership of) the encroached area. The thought of a homeowner annexing common area for his/her own use is a scary thought, as is the prospect of the HOA failing to prevail in costly litigation that may be needed to reclaim its common area.

Fortunately, the recent holding in Nellie Gail Ranch Owners Association v. McMullin (2016) 4 Cal.App.5th 982 (“McMullin”) helps strengthen a HOA’s ability to defeat a homeowner’s attempt to encroach onto common area and claim it as his own…
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Northwood-VillasWe are proud to announce that Northwood Villas Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Located in the city of Irvine, Northwood Villas consists of more than 200 condominiums and is characterized by its lush landscape and rows of Eucalyptus trees. Residents enjoy using the community pool, spa, and views of the Santa Ana Mountains.

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

Vue-on-5th-exteriorWe are proud to announce that Vue on 5th Owners Association has selected Tinnelly Law Group as their associations’ legal counsel.

In the center of Banker’s Hill stands Vue on 5th, sophisticated new luxury residences with views of a thriving midtown neighborhood and city lights. Within walking distance to Balboa Park, Vue on 5th homeowners will enjoy dining in Banker Hill’s eclectic and celebrated restaurants, strolling through the museums and open spaces at Balboa Park and the advantage of close proximity to downtown San Diego.

hoa laws Our HOA attorneys and staff look forward to working with Vue on 5th’s Board and management.

*New Case Lawhoa-attorney-fees-governing-docs

Civil Code Section 5975(c) serves a vital function for any HOA’s enforcement efforts. Should a HOA be required to file a lawsuit to enforce its governing documents, Section 5975(c) entitles the HOA to recover from the defendant homeowner the HOA’s attorney’s fees, provided that the HOA is the “prevailing party” in the lawsuit. This right for a prevailing party to recover its attorney’s fees in an action to enforce a HOA’s governing documents is also commonly found in the provisions of a HOA’s CC&Rs.

But what is the technical definition of “prevailing party?” The Davis-Stirling Act does not define the term “prevailing party,” nor does it provide any metric for making that determination. As a result, California courts have concluded that the test for determining the prevailing party is a pragmatic one—namely, whether a party can be deemed the prevailing party requires a determination that the party “prevailed on a practical level by achieving its main litigation objective.” This test may be relatively easy to apply in some situations, and not so easy in others. For example, assume that a HOA’s lawsuit seeks to recover a substantial sum in fines for an owner’s violation of the rules, but the HOA is only awarded roughly 10% of that amount. Can the HOA be said to have achieved its main litigation objective, despite the fact that the ruling was arguably more favorable to the owner than it was to the HOA?

This hypothetical was actually litigated in the recent case of Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal.App.4th 761 (“Almanor”).  In Almanor, the defendant homeowners (the Carsons) were sued by the HOA to enforce provisions of the HOA’s CC&Rs relating to short-term rentals. The Carsons disputed the applicability of those provisions to them, as well as the HOA’s attempt to enforce other rules relating to trash storage, common area use, and boat decals, and to ultimately fine the Carsons for their violations of those rules. The trial court ruled that the HOA could enforce its rules and awarded attorney’s fees to the HOA in an amount of roughly $100,000, in addition to $6,620 in fines (approximately 10% of the amount originally imposed by the HOA and sought by it in the lawsuit). The Carsons appealed and lost. The HOA was deemed the prevailing party despite its inability to recover roughly 90% of the unpaid fines it originally pursued in the lawsuit.  The Court in Almanor concluded that the key issue in the lawsuit was the HOA’s authority to enforce the rules and to impose fines for violations, not the amount of the fines themselves. Because the trial court found that some of the fines were enforceable, the Court of Appeal held that the HOA “met its objective” in the lawsuit and was appropriately deemed the prevailing party:

“The fractional damages award does not negate the broader practical effect of the court’s ruling, which on the one hand narrowed the universe of restrictions that [the HOA] could impose on the properties, but on the other hand cemented [the HOA’s] authority to promulgate and enforce rules pursuant to the CC&Rs…Taken together and viewed in relation to the parties’ objectives…we conclude that these outcomes were adequate to support the trial court’s ruling [that the HOA was the prevailing party].” (Almanor, at 775.)

California HOA lawyers This holding provides valuable guidance on the issue of attorney’s fee awards in the context of HOA enforcement actions. Lawsuits to enforce a HOA’s governing documents often involve multiple claims or causes of action that asserted against a problematic homeowner. Even where a trial court is reluctant to grant every remedy sought by the HOA, if the practical effect of the lawsuit is consistent with the HOA’s principal objective (i.e., to make the homeowner comply with the governing documents), the HOA should still be deemed the prevailing party entitled to recover its attorney’s fees and costs incurred in connection with its lawsuit.

Meadow-WalkWe are proud to announce that Meadow Walk Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Meadow Walk, by Shea Homes, is a brand new townhome community located within the charming urban village of Bay Meadows, a progressive new urban village on the Caltrain Line in the heart of San Mateo. Built on the famous Bay Meadows Racecourse where Seabiscuit won two stakes in the 1930s, residents will enjoy a community garden, bike paths, parks and more than 18-acres of rambling open space.

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

SageWe are proud to announce that Sage Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Sage, by Shea Homes, is a brand new master planned community located in Livermore. Residents will enjoy a 1.5 mile walking and bike path, swimming pool, outdoor and indoor fitness centers, a community activities building, yoga lawn, community garden, and an art walk.

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

first-time-homebuyerWe previously blogged about H.R. 3700, the “Housing Opportunity Through Modernization Act of 2016”, which was signed by the President on July 29, 2016.  H.R. 3700 required the Department of Housing and Urban Development (“HUD”) to streamline the Federal Housing Administration (“FHA”) recertification process, provide regulations for commercial space exemptions, allow for deed-based transfer fees, and lower the owner-occupancy requirement within ninety (90) days of the bill’s approval.  In response to these provisions and changes in the condominium market, HUD proposed a new rule governing the certification requirements for condominium associations.  The proposed rule includes the following reforms:

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Mission-GroveWe are proud to announce that Mission Grove Community Association has selected Tinnelly Law Group as their associations’ legal counsel.

Mission Grove, by D.R. Horton, is a brand new condominium community located in San Marcos.  Conveniently located near Cal State San Marcos and Palomar Community College, the community features tot lots, pool, BBQ and picnic benches for residents to enjoy.

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

Carmel-RowWe are proud to announce that Carmel Row Community Association has selected Tinnelly Law Group as their associations’ legal counsel.

Carmel Row, by ColRich, is a brand new townhome community located in San Diego. Adjacent to future retail spaces and just minutes from parks, local beaches, freeways and numerous business centers, Carmel Row is a convenient and luxurious option for area homebuyers interested in high-end living without the up-keep of detached homes.

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