HOA Lawyer Blog

Turning up the Heat on Residential Design Professionals

Published on: February 4, 2013 | by Steven J. Tinnelly, Esq.

*New Case Law hoa law firm residential design professionals architects.jpg

California’s 1st District Court of Appeal recently ruled that “design professionals” may be liable under both common law and Senate Bill No. 800 (“SB 800”) to third party purchasers for construction defects.

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al., the defendants (the “Architects”) had performed architectural and engineering services, as well as construction administration and construction contract management, for a 595 unit condominium project located in San Francisco. The plaintiff homeowners association (the “HOA”) alleged that multiple construction defects in the project were caused in part by negligent architectural and engineering design. Included in those defects was the presence of “solar heat gain” allegedly caused by the Architects’ approval of cheap and non-functional windows paired with a defective design that failed to provide for adequate ventilation within the units. During periods of high temperatures, the solar heat gain had rendered many of the units “uninhabitable, unhealthy and unsafe.”

The Architects successfully argued at the trial court level that they could not be held liable for the alleged defects because, under common law, the Architects owed no duty of care to third parties (to the HOA or its members). The trial court agreed, holding that the Architect could not be held liable for negligent design and that the HOA was required to show that the Architects had “control” in the construction process; the Architects had to have “assum[ed] a role beyond that of providing design recommendations to the [developer].” Accordingly, the trial court sustained the Architects’ demurrers and the HOA then appealed…

New Client: Bridgeporte Community Association, Inc.

Published on: January 24, 2013 | by Steven J. Tinnelly, Esq.

Bridgeporte Image.jpg

We are proud to announce that Bridgeporte Community Association, Inc. has selected Tinnelly Law Group as their new legal counsel.

Bridgeporte’s 216 condominiums are nestled in a park like setting, surrounded by mature trees and beautiful landscape. Residents have convenient access to the association’s pool, hot tub and clubhouse.

Located in the Heart of the Bay, Bridgeporte is a wonderful addition to our growing Bay Area client portfolio. Our HOA lawyers and staff look forward to working with this beautiful community.

New Client: Alegria at Spanish Walk Homeowners Association

Published on: January 17, 2013 | by Steven J. Tinnelly, Esq.

Alegria at Spanish Walk.png

We are proud to announce that Alegria at Spanish Walk Homeowners Association has selected Tinnelly Law Group as its new legal counsel.

Located in the city of Palm Desert, Alegria at Spanish Walk is a new community with beautiful Spanish inspired condominiums and townhomes within resort style surroundings.

Alegria’s residents enjoy a gated community and many amenities including a fitness center, pool, spa, and community clubhouse. Alegria is also only a short distance to one of SCPGA’s top 10 ranked golf courses, Desert Falls Country Club.

Our HOA lawyers and staff look forward to working with the Alegria Board and management and to developing another lasting relationship with a HOA client.

Legislative & Case Law Update (2013) Now Available!

Published on: January 7, 2013 | by Steven J. Tinnelly, Esq.

hoa laws Our annual “Legislative & Case Law Update” newsletter for the year 2013 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 2013. The new legislation includes, among other items, bills that impact Bank foreclosures, the re-organization of the Davis-Stirling Act, EV Charging Stations and fees charged by HOAs in producing certain records. The new case law includes rulings that may impact the architectural restrictions placed on the installation of solar panels, arbitration provisions for construction defect disputes, “no-cost” HOA collections contracts, election disputes and defamation claims. The Legislative & Case Law Update also addresses some new Fannie Mae and FHA regulations impacting condominium insurance and certification requirements.

Click here to read our Legislative & Case Law Update (2013)

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

New Client: Solera (Sun City) at Apple Valley Community Assn

Published on: January 4, 2013 | by Steven J. Tinnelly, Esq.

active adult HOA

We are proud to announce that Solera (Sun City) at Apple Valley Community Association has selected Tinnelly Law Group as its new legal counsel.

Located in the city of Apple Valley, Solera was built and thoughtfully planned by Del Webb to provide Solera’s residents with the ultimate active-adult community experience.

Solera’s 1,210 gorgeous single family homes are nestled against the verdant fairways of Ashwood Golf Course and a magnificent mountain backdrop. Its numerous amenities include clubhouses, ballrooms, state-of-the-art fitness facilities, indoor and outdoor pools, and an impressive menu of activities geared toward the active-adult lifestyle.

Our HOA lawyers and staff look forward to working with this amazing community and to developing another lasting relationship with an active-adult HOA client.

The Basics of AB 805: Overview of Changes in Davis-Stirling Act

Published on: January 2, 2013 | by Steven J. Tinnelly, Esq.

hoa law firm *New Library Article

AB 805, effective January 1, 2014, will make existing California law pertaining to Homeowners Associations (“HOAs”) more logical and user-friendly. The bill’s primary effect is (1) to renumber and reorganize the Davis-Stirling Common Interest Development Act (“the Act”), and (2) to make various minor changes to the substantive content the Act. Other than renumbering of the Act from Sections 1350-1378 of the Civil Code to Sections 4000-6150, the bill reorganizes the Act in a more logical manner. It also standardizes terminology, eliminates outdated references to other authorities, groups provisions pertaining to the same subject matter, and reorganizes longer sections into more convenient subparts. While most of the Act’s content will remain the same, this blog post provides an overview of what substantive changes will go into effect as of January 1, 2014.

Our HOA lawyers have also published this information in our new library article entitled “The Basics of AB 805,” available for download from our library.

California’s New Fire Prevention “Fee”

Published on: December 6, 2012 | by Steven J. Tinnelly, Esq.

Fire prevention bill.png

Homeowners in California should be expecting a new bill in their mailbox for the calendar year 2011 and onward. The California legislature has passed a controversial new Fire Prevention Fee which will aim to defray the State’s costs for fire prevention services. The new fee–argued by some to be a tax–will affect homes that are considered to be “habitable structures within the State Responsibility Area (SRA)” and within “the area of the state where the State of California is financially responsible for the prevention and suppression of wildfires.” Homeowners can check the Fire Prevention Fee website to determine if their home is located within the SRA area.

The new assessment fee for affected structures will be $150.00 per “habitable structure,” defined as “a building that can be occupied for residential use.” For affected multi-unit condominium buildings, the new regulations assess a fee of $150.00 for the first “dwelling unit” and $25.00 for each additional dwelling unit located within the building.

Condominium Associations located within the SRA that consist of multiple units may feel the biggest effect due to the new fees levied on each “dwelling unit.” Such Associations will need to determine how best to structure payment (e.g., paid by the Association as part of its annual budget or paid by each owner individually).

The content of this post was adapted from information provided by CAI’s Legislative Action Committee Blog. To read the original article, click here.

Can a HOA Member Inspect HOA Lease Agreements?

Published on: November 29, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered hoa law firm

Asked – As a HOA member, do I have the right to see a copy of a lease agreement pertaining to a home that was acquired by my HOA through foreclosure of an assessment lien?

Answered – Yes, you may request to see a copy of the lease agreement. Under Civil Code §1365.2(a)(1)(D),a HOA member is entitled to inspect certain “Association records” for any “proper purpose reasonably related” to her interests as a member of the Association. “Association records” include “[e]xecuted contracts not otherwise privileged under law.” 1365.2(a)(1)(D).

The term “privileged” in Civil Code §1365.2(a)(1)(D) essentially pertains to confidential or sensitive information, as well as records/communications which are protected by attorney-client privilege. A standard lease agreement between a HOA and a renter is generally not a “privileged” contract and is therefore subject to inspection as an “Association record.”

The lease agreement may, however, include confidential information such as social security numbers. The HOA Board of Directors and/or management should ensure that such confidential information is adequately redacted from the lease agreement prior to providing it to a member for inspection. A HOA that has questions or concerns regarding the disclosure of HOA lease agreements and the information contained therein should consult with the HOA’s legal counsel.

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

New Client: Sandalwood Community Association

Published on: November 26, 2012 | by Steven J. Tinnelly, Esq.

hoa law firm

We are proud to announce that Sandalwood Community Association has selected Tinnelly Law Group as its new legal counsel.

Located in the city of Irvine, Sandalwood Community consists of 68 modern condominiums homes with backyard views of mountain hillsides.

Sandalwood residents enjoy association pools, spas, and a gym, as well as parks, retail and an elementary school all within walking distance.

Our HOA lawyers and staff look forward to working with the Sandalwood Community Association and to developing another lasting relationship with a HOA client.

Tinnelly Law Group Returns to the Families Forward Food Pantry

Published on: November 21, 2012 | by Steven J. Tinnelly, Esq.

thank you cards for blog.jpg

Last Friday Steve, Sommer, and Kai had the pleasure of returning to the Families Forward Food Pantry to once again join in preparing and distributing Thanksgiving Meals. Their time was spent sorting and prepping food for distribution, preparing group meal pickups for schools, and loading 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.

HOA Lawyer BLog