HOA Lawyer Blog

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…

New Client: Celebrations Homeowners Association

Published on: December 30, 2013 | by Steven J. Tinnelly, Esq.

celbrations hoa lawyers.png

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

Celebrations is a 350 unit community located in Moreno Valley. Residents of this community oriented neighborhood enjoy large floor plans while being conveniently located to shopping, schools, and parks.

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

Redemption Rights after HOA Nonjudicial Foreclosure

Published on: December 6, 2013 | by Steven J. Tinnelly, Esq.

*New Case Law

Earlier this year, we blogged about an appellate court case that underscored the necessity for a homeowners association (“HOA”) to strictly comply with the statutory procedures and requirements applicable to assessment collection. That case focused on various requirements pertaining to the transmittal of notices (i.e., assessment lien notices, notices of right to request alternative dispute resolution (“ADR”), notice of the Board’s decision to initiate foreclosure of an assessment lien, etc.) The HOA’s failure to strictly comply with those requirements ultimately resulted in the invalidation of the HOA’s assessment lien and also an award of attorney’s fees and costs to the delinquent homeowner.

The case of Multani v. Witkin & Neal et al., (2013) 216 Cal.App.4th 590, (“Multani“) similarly involved allegations of procedural defects by a HOA’s collection agent. However, the Court’s ruling in Multani is significant in that it addresses the statutory, ninety (90) day “right of redemption” afforded to a homeowner that may have lost ownership of her unit through nonjudicial foreclosure of a delinquent assessment lien…

2014 Families Forward Thanksgiving Basket Distribution

Published on: November 27, 2013 | by Steven J. Tinnelly, Esq.

For the second year in a row Tinnelly Law Group participated in the Families Forward Thanksgivng Basket Distribution. Last Friday, Sommer, Kai and Terri joined fellow volunteers on the “school pickup” team and loaded cars full of all the trimmings necessary for a wonderful Thanksgiving meal. The distributions on Friday and Saturday were expected to feed over 700 Orange County families, and the entire TLG team feels blessed for the opportunity to be a part of such a great cause!

Families Forward is a nonprofit organization that was founded in 1984 and is dedicated to providing supported housing programs for families in crisis. The comprehensive array of services offered at Families Forward empowers families to regain stability and self-sufficiency. Their homeless prevention services include career coaching, life-skills education, and food assistance. These services are supplemented by their rigorous Transitional Housing Program, which has resulted in more than 4 out of 5 families successfully transitioning from crisis to financial stability, giving their children a stable home to help them succeed in school. For more information about this organization, or to get involved click here.

The whole firm is looking forward to spending more time throughout the Holiday Season volunteering our time with Families Forward.

Is There a ‘Model’ Set of HOA Rules & Regulations?

Published on: November 22, 2013 | by Steven J. Tinnelly, Esq.

rules and regulations california hoa assocaition.png *Asked & Answered

Asked – Are there recognized models of well-written rules and regulations for homeowners associations?

Answered – No, there are not, and the reason is because homeowners association (“HOA”) CC&Rs typically leave the drafting and amending of rules and regulations to the HOA’s Board of Directors. The types of rules and regulations (defined as “operating rules” under the Civil Code) that a HOA may adopt will depend on the language contained in the HOA’s governing documents as well as the unique characteristics of the common interest development. For example, the CC&Rs for condominium developments usually contain provisions explicitly addressing the Board’s ability (and in many cases, the Board’s obligation) to adopt a set of parking rules that regulate the HOA’s finite number of common area parking spaces. By contrast, CC&Rs for single family home projects may broadly state the Board’s ability to adopt rules governing the use of the HOA’s streets.

Here are the common issues that HOA Boards should address in drafting a good set of rules and regulations: common area rules, parking restrictions, noise and nuisance guidelines, trash can rules, pet restrictions, tenant rules, sign restrictions, pool and clubhouse hours, and the association’s disciplinary policy. Many of our clients also choose to include within their rules and regulations a restatement of some of the important restrictions contained in their HOA’s CC&Rs. This provides a valuable “quick reference guide” for residents who may not take the time to read through the entire set of the HOA’s CC&Rs.

The Board may also include a copy of the following policies that are provided to members in the Annual Policy Statement pursuant to Civil Code § 5310 as part of the “quick reference guide:” Architectural Guidelines and Application Procedures, Neighbor-to-Neighbor Dispute Policy, Alternative Dispute Resolution Procedures, Election Policy, and Assessment Collection Policy.

Rules and regulations are a valuable tool for resolving certain issues that are not explicitly addressed in a HOA’s CC&Rs. However, a Board must be aware of the limitations placed upon its rule-making authority under its HOA’s governing documents as well as the Civil Code. Therefore, where a Board’s authority to adopt or amend any particular rule or regulation is unclear, the Board should consult with the HOA’s legal counsel.

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

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

Tendering Lawsuits Brought Against the HOA

Published on: November 14, 2013 | by Steven J. Tinnelly, Esq.

hoa insurance *New Library Article

There are instances where a disgruntled homeowner may file a lawsuit against his or her homeowners association (“HOA”). The lawsuit may be based on a variety of claims (i.e., claims involving property damage or alleged malfeasance on the part of the HOA’s Board of Directors). This is one of the reasons why HOAs are legally required to purchase and maintain certain insurance policies designed to protect the HOA and its membership from a variety of risks.

However, problems may arise in response to the actions taken by the HOA and its management once the lawsuit has been served. Those problems generally result from the way in which the lawsuit may have been “tendered” (sent to) to one or more of the HOA’s insurance carriers, including whether it was even appropriate to tender the lawsuit in the first place. This blog post addresses some of those problems and provides guidance to HOA Boards and their management with regard to this issue…

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