HOA Lawyer Blog

New Client: Boulevard Homeowners Association

Published on: January 19, 2016 | by Steven J. Tinnelly, Esq.

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

Located in Santa Clara, Boulevard is the latest collection of condominiums designed for Silicon Valley by Shea Homes. The Boulevard is conveniently located near Santa Clara’s thriving businesses, cultural centers and thoroughfares, and offers its own centrally located park.

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

New Client: Ravello Homeowners Association

Published on: January 12, 2016 | by Steven J. Tinnelly, Esq.

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

Ravello by Shea Homes is a brand new condominium community located within Sorrento at Dublin Ranch. Residents will enjoy a pool, clubhouse, sports parks, and landscaped trails in a verdant park setting.

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

‘Substantial Compliance Test’ Possibly Applicable to Open Meeting Act Requirements

Published on: January 5, 2016 | by Steven J. Tinnelly, Esq.

*New Case Law hoa-meeting-agenda

HOA board meetings are governed by the “Common Interest Development Open Meeting Act” (“Open Meeting Act”)(Civil Code Sections 4900 through 4955). The Open Meeting Act is designed to bring a sense of transparency to HOA governance, and is similar in purpose to California’s “Brown Act” (Government Code Section 54950 et seq.) which guarantees the public’s right to attend and participate in public meetings of local legislative bodies (i.e. City Council Meetings). Both the Open Meeting Act and the Brown Act include, among other procedural requirements, language regarding the notice that must be provided in advance of HOA/legislative body meetings, respectively.

In June 2015, the California Court of Appeal rendered an opinion which addressed a notice requirement under the Brown Act. In Castaic Lake Water Agency v. Newhall County Water District, et al, Castaic Lake Water Agency (“Castaic”) moved the trial court to declare void an action taken at a public meeting because the related agenda identified an incorrect Government Code section as the basis for the scheduled action to be taken at that meeting. In dismissing Castaic’s action, the Court held that substantial compliance with the Brown Act is the governing test, and that the notice given by Newhall Water District in the agenda was sufficient to inform the public of the purpose of the meeting.

The holding in Castaic applies only to public meetings of local legislative bodies, and therefore is not directly applicable to common interest developments and HOAs. However, that decision could be persuasive in a factually similar HOA context. If an action taken at a HOA Board Meeting is challenged because the agenda incorrectly cites to a provision that does not accurately identify the basis of the Board’s authority to discuss/take such action, the ‘substantial compliance’ test may be considered to rebuff that challenge. Specifically, a HOA could argue that the agenda substantially complied with the Open Meeting Act and was therefore sufficient with respect to informing the membership of the purpose contemplated by the referenced action item set forth in the agenda.

Blog post authored by TLG Attorney, Kumar Raja.

New Client: View Pointe Maintenance Corporation

Published on: December 21, 2015 | by Steven J. Tinnelly, Esq.

We are proud to announce that View Pointe Maintenance Corporation View-Pointe has selected Tinnelly Law Group as their associations’ legal counsel.

View Pointe is a condominium community located in Anaheim Hills, in close proximity to the Canyon Rim Reservoir, Anaheim Hills Golf Course, and The Cleveland National Forest Trails. Residents enjoy views of the city lights and Weir Canyon Regional Park, a community pool, and three spas.

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

New Client: Montecina at La Costa Homeowners Association

Published on: December 14, 2015 | by Steven J. Tinnelly, Esq.

We are proud to announce that Montecina at La Costa Homeowners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Montecina by Taylor Morrison is a brand new community of single family homes located within the La Costa Town Square development in Carlsbad. Residents will enjoy a community park, garden, and ocean views.

Our HOA attorneys and staff look forward to working with Montecina at La Costa’s Board and management.

SB 655 Signed! Moldy Buildings Now Deemed a ‘Substandard Condition’

Published on: December 2, 2015 | by Steven J. Tinnelly, Esq.

hoa-mold-growth *New Legislation

Existing law requires a landlord to repair certain “dilapidations” that render a unit untenantable. SB 655 (Mitchell) was proposed earlier this year in order to specify a landlord’s responsibilities in connection with repairs to a building that are necessitated by the presence of mold. SB 655 was approved on October 9, 2015 and its changes to the law will become effective January 1, 2016.

As a result of SB 655’s passage, new Section 1941.7 will be added to the Civil Code in order to alleviate a landlord’s responsibility to repair mold damage until the landlord receives notice or if the tenant is in violation of his/her obligations specified under Civil Code Section 1941.2. What’s more significant is how SB 655 will also amend Sections 17920 and 17920.3 of the Health & Safety Code to include “visible mold growth” as a substandard building condition that could subject a landlord to criminal penalties (misdemeanor), with a limited exception provided for mold that “is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.”

SB 655 speaks to landlords (a “lessor of a building”), and not necessarily homeowners associations (“HOAs”). However, courts have applied landlord/tenant law to HOAs in certain circumstances, such as those involving issues of life safety. (See Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490.) Thus, there is a concern circulating throughout the HOA industry that a condominium HOA (i.e., its Board or management) could now face criminal liability for its unreasonable failure to address reports of mold and to take appropriate corrective measures.

We do not believe that SB 655 will ultimately subject HOA Boards or management professionals to criminal liability. However, SB 655 does underscore how important it is for a HOA to immediately address reports of mold and to take appropriate action. A HOA Board should consider working with the HOA’s attorney to adopt a formal water intrusion/mold policy. That policy would help educate members on their obligations to immediately notify the HOA and its management of the presence of mold within their Units, and would also specify the HOA’s policy in responding to reports of mold.

New Client: Artisan Homeowners Association

Published on: November 18, 2015 | by Steven J. Tinnelly, Esq.

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

Artisan in Menlo Park features luxury single-family detached homes and townhomes. Menlo Park is in close proximity to Stanford University and Menlo College, and has a downtown with unique and upscale shops in a pedestrian-oriented atmosphere.

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

New Client: Summer Lake Owners Association

Published on: November 3, 2015 | by Steven J. Tinnelly, Esq.

We are proud to announce that Summer Lake Owners Association has selected Tinnelly Law Group as their associations’ legal counsel.

Centered around a 25-acre lake, Summer Lake’s Oakley location provides a picturesque California Delta living experience. Close to both the Bay Area and Sacramento, Summer Lake is on the Delta region, next to a thousand miles of natural recreation and water sports. Residents enjoy recreation centers, parks, a 75-foot pool and miles of trails.

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

AB 786 Signed! Clarifying when HOAs May Fine Homeowners for Brown Lawns

Published on: October 28, 2015 | by Steven J. Tinnelly, Esq.

hoa-recycled-water *New Legislation

We have blogged about legislation enacted in 2014 that made several changes to Civil Code Section 4735 in response to California’s continuing, record-breaking drought. One of those changes served to prohibit HOAs from fining homeowners for failing to adequately water vegetation or lawns during government-declared drought periods. Earlier this year, AB 349 was signed into law to make further changes to Section 4735. One of those changes served to restore a HOA’s authority to fine homeowners for failing to water, provided that the HOA “uses recycled water…for landscaping irrigation.” (Former Civ. Code § 4735(c).)

Questions then arose as to the circumstances which would allow for a HOA to qualify for this exception and thus be permitted to fine homeowners for failing to water. For example, would a HOA have to use recycled water for all of its landscaping irrigation, or just a portion of its landscaping irrigation? To remedy this ambiguity, AB 786 was proposed this year as an urgency statute based upon the following findings by the California Legislature:

“…some homeowners associations have interpreted existing law to allow them to fine homeowners who voluntarily cease using potable water on their landscaping if the homeowners association itself is using a de minimis amount of recycled water on common areas. This is directly contrary to the state’s need to conserve the precious and dwindling water supplied for urban, agricultural, and environmental needs.”

AB 786 therefore sought to make additional amendments to Section 4735 to clarify that a HOA’s authority to fine homeowners for failing to water during drought periods extends only to situations where the homeowner’s property subject to the fine has previously received, and continues to receive, recycled water for landscaping irrigation. Thus, the Legislature illustrated its original intent to shield only those homeowners who voluntarily cease using potable water for their landscaping irrigation from being fined by their HOAs; homeowners with access to recycled water would still be subject to fines if they failed to use that recycled water for their landscaping irrigation.

AB 786 was signed into law on October 13, 2015 and its changes took immediate effect. Subdivisions (c) and (d) of Section 4735 now state in pertinent parts that:

“(c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during [government-declared drought periods]…”

“(d) Subdivision (c) shall not apply to an owner of a separate interest that, prior to the imposition of a fine or assessment as described in subdivision (c), receives recycled water…and fails to use that recycled water for landscaping irrigation.” (Emphasis added.)

AB 786 fortunately resolves yet another ambiguity that was created by rushed legislation. HOA Boards and management professionals whom are opposed to having a sea of “brown lawns” within their communities should consult with their HOA’s legal counsel for guidance.

New Client: Linea Owners Association

Published on: October 20, 2015 | by Steven J. Tinnelly, Esq.

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

Linea is a luxury mid-rise located in the Hayes Valley area of San Francisco. It was designed by world-renowned architect Bernardo Fort-Brescia, with walls of glass framed by geometric pillars, creating a prism-like effect. Residents enjoy an expansive attended lobby with Italian marble highlights, an interior courtyard with lush plantings and greenery, and a rooftop terrace with multiple areas for entertaining, barbecuing, and enjoying the city lights.

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

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