HOA Lawyer Blog

New Client: Coral Sky Homeowners Association

Published on: February 26, 2014 | by Steven J. Tinnelly, Esq.

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

Coral Sky is a brand new single-family home community in the city of Rancho Cucamonga being developed by Pulte Homes. Coral Sky is a small enclave of 53 homesites ranging in size from 20,000 sq. feet to 43,000 sq. feet (1 acre). It’s spacious, single-story homes will feature amazing layouts with unique features such as pristine courtyards, casitas, and cabanas. Coral Sky’s residents will enjoy equestrian trails and scenic community walkways, as well as gorgeous mountain and city views.

Our HOA lawyers and staff look forward to working with Coral Sky’s Board and management.

Court Upholds HOA Enforcement of ‘Maid Unit’ Rent Restriction

Published on: February 24, 2014 | by Steven J. Tinnelly, Esq.

The ability of California homeowners associations (“HOAs”) to adopt and enforce restrictions on the renting of units has been limited by changes in the law over the past couple of years. Those changes have purported to provide greater protections for homeowners seeking to rent out their units to third parties. HOAs have therefore been required to modify their approach to the enforcement of rent restrictions that may be contained in their governing documents, including the adoption of additional rent restrictions binding only on future homeowners.

However, a recent unpublished Appellate Court decision confirms the ability of a HOA to enforce rent restrictions adopted decades in the past that are intended to address the unique concerns and characteristics of the HOA’s development.

New Client: Mountain Estates Community Association

Published on: February 20, 2014 | by Steven J. Tinnelly, Esq.

We are proud to announce that the Mountain Estates Community Association has selected Tinnelly Law Group as their association’s legal counsel.

Mountain Estates is a brand new gated community in the city of Indio being developed by D.R. Horton. Mountain Estates will feature 96 spacious, single-story homes with beautiful finishes, fantastic entertaining spaces, and breathtaking mountain views.

Our HOA attorneys and staff look forward to working with Mountain Estates’ Board and management.

New Client: Loma Building Owners Association

Published on: February 12, 2014 | by Steven J. Tinnelly, Esq.

We are proud to announce that the Loma Building Owners Association has selected Tinnelly Law Group as their association’s legal counsel.

Loma is a commercial association located in beautiful downtown Laguna Beach. It consists of 10 professional office suites situated just blocks from the largest and most popular stretch of beach in Laguna, Main Beach.

Our HOA attorneys and staff look forward to working with Loma. We welcome Loma to our growing portfolio of commercial common interest development clients.

HOA Committee Meetings Open to the Membership?

Published on: February 11, 2014 | by Steven J. Tinnelly, Esq.

*Asked & Answered

Asked – Our HOA has established several working committees such as Finance and Compliance. Do these committees have to conduct meetings open to the public? Neither one has power to spend money but merely makes recommendations to the Board of Directors.

Answered – No. The provisions of the “Open Meeting Act” (Civil Code §4900) requiring open meetings apply only to “board meetings.” A “board meeting” is defined as “a congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.” Civil Code §4090(a) (Emphasis added). Therefore, provided that the committee is not comprised of a sufficient number of directors so as to constitute a quorum (typically a majority) of the board, the committee’s meetings are not required to be open to the membership.

As illustrated in your question, most committees are purely advisory in nature and provide their findings/recommendations to the board in an open board meeting. Even where a committee does have some decision-making authority (i.e., to approve homeowner architectural applications or expenditures for an ongoing HOA construction project), an “item of business” contemplated by the Open Meeting Act does not include “actions that the board has validly delegated to…. [a] committee of the board comprising less than a quorum of the board.” Civil Code §4155 (Emphasis added). Therefore, if the board has delegated an action or decision to a committee comprised of less than a quorum of the board, the committee’s decision-making authority would not in itself trigger the Open Meeting Act’s requirements.

Even if your committee is not required to hold open meetings, it may be beneficial for committees with decision-making authority to provide notice to the membership and to post an agenda. Doing so will help prevent claims of impropriety on the part of the committee or the board in situations where a member may object to a decision or action by the committee. You should also refer to your HOA’s Bylaws to determine if there are any additional committee requirements.

Blog post authored by Tinnelly Law Group attorney, Terri Morris.

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

New Client: Sea Spray Homeowners Association

Published on: February 3, 2014 | by Steven J. Tinnelly, Esq.

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

Sea Spray is a private gated community in Huntington Beach consisting of 150 beautiful condominiums located less than two miles from the beach. Sea Spray’s residents enjoy fantastic recreational amenities including a beautiful clubhouse, pool, tennis and volley ball courts.

Our HOA attorneys and staff look forward to working with Sea Spray’s Board and Management.

HOA Compliance with California Pesticide Regulations

Published on: January 27, 2014 | by Steven J. Tinnelly, Esq.

*New Library Article

California Code of Regulations (CCR) Sections 6000 through 6619 regulate the use of pesticides and pest control operations. Much of these Sections do not apply to residential homeowners associations (“HOAs”). However, there is one Section that contains various notification requirements that a HOA must satisfy when pesticides are applied in its community: CCR Section 6618 – “Notice of Applications.”

In sum, CCR Section 6618 requires certain notifications to be provided to the “operator” of the property where pesticides are being applied, as well as to persons whom the operator has reason to believe may enter the property during and after the application period. Unfortunately, CCR Section 6618 is vague and somewhat confusing to interpret, especially due to its references to “fieldworkers,” “agricultural plant commodities,” and “commercial and research production.” As a result, a number of our HOA clients have requested guidance on the extent to which they must comply with CCR Section 6618, as well as the steps needed to do so.

This blog post addresses this issue and provides some generalized recommendations for HOAs and their management. It also includes information we obtained from state and local entities that enforce these regulations: the California Department of Pesticide Regulation (“DPR”) and the Orange County Agricultural Commissioner’s Office (“OCAC”). As discussed below, HOA vendors that perform pest control services have a major role in providing HOAs with the pesticide label and application information that must be disclosed to the HOA’s members pursuant to CCR Section 6618…

Our attorneys have also published this information in an article that is available for download from our Web site’s library.

New Client: San Juan Hills, Inc.

Published on: January 23, 2014 | by Steven J. Tinnelly, Esq.

We are proud to announce that San Juan Hills, Inc. has selected Tinnelly Law Group as their association legal counsel.

San Juan Hills is a gorgeous gated community nestled in the lush hills of San Juan Capistrano. Along with a pool and spa, residents can enjoy a large deck area and on-site gym. This community is surrounded by the San Juan Hills golf course, close to historic downtown San Juan Capistrano, and has miles of nearby hiking and biking trails.

Our HOA attorneys and staff are privileged to have the opportunity to work with San Juan Hills’ Board and Management.

HOA Legislative & Case Law Update (2014) Now Available!

Published on: January 16, 2014 | by Steven J. Tinnelly, Esq.

hoa update 2014 Our “Annual Legislative & Case Law Update” newsletter for the year 2014 is now available in our library!

The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2014. The new legislation includes, among other items, the re-organization of the Davis-Stirling Act (now in effect), and a bill that clarifies contractor licensing requirements for HOA managers. The new case law includes rulings that may impact HOA election rules, membership rights to attend Board meetings, use of HOA media outlets during election campaigns, insurance defense coverage, attorney’s fees recovery in HOA disputes, and assessment collection procedures.

Click here to read our Annual Legislative & Case Law Update (2014)

Have questions on any of the new legislation or case law? Click here to send us a question online.

No Duty of HOA Insurance Carrier to Defend Non-Monetary Claims

Published on: January 2, 2014 | by Steven J. Tinnelly, Esq.

*New Case Law

In a recent blog post we addressed the importance of involving the HOA’s legal counsel in the decision as to whether a lawsuit brought against the HOA should be tendered to one or more of the HOA’s insurance carriers. The recent case of San Miguel Community Association v. State Farm General Ins. Co. (October 1, 2013) (Cal.App.4th, No. G047738) (“San Miguel”) touched on this issue. Although the ruling in San Miguel focused primarily upon the scope of an insurer’s obligation to defend a HOA under the HOA’s insurance policy, the ruling underscores the importance of reviewing, understanding, and if necessary, seeking professional guidance regarding the scope of insurance coverage afforded to a HOA under its insurance policies.

In San Miguel, two homeowners sought to force the HOA to take action to curb ongoing parking violations within the community. After the HOA refused to take action, the homeowners demanded the HOA’s participation in mediation, thereby prompting the HOA to tender the matter to its insurance carrier, State Farm. In responding to the HOA, State Farm noted that the claims brought by the homeowners did not seek the recovery of monetary damages, and were therefore insufficient to trigger State Farm’s obligation to defend the HOA or to reimburse the HOA for its defense costs…

HOA Lawyer BLog