HOA Lawyer Blog

Tinnelly Law Group selects Families Forward Orange County as their charity of the 212 Holiday Season.

Published on: November 9, 2012 | by Steven J. Tinnelly, Esq.

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This Holiday Season, our firm has decided to volunteer our time working with Families Forward, an amazing organization right in our backyard. Yesterday, Steve, Terri, Kai, Will, and Sommer spent time working with other volunteers in the Families Forward food pantry. The TLG team sorted, organized and shelved donated canned and boxed goods that will be put together as Thanksgiving Holiday Meal baskets, as well as Family Forward’s bi-weekly food distributions. The TLG team is excited to return next week to help distribute the Thanksgiving Meal Baskets to hundreds of families.

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.

New Client: Summit Renaissance Homeowners Association

Published on: November 5, 2012 | by Steven J. Tinnelly, Esq.

HOA attorneys

We are proud to announce that the Summit Renaissance Homeowners Association has selected Tinnelly Law Group as its new legal counsel.

Located in the heart of Anaheim Hills, Summit Renaissance consists of 161 beautiful condominium and townhomes in a prestigious gated community.

Summit Renaissance residents enjoy a community pool, gorgeous views of local mountains, and hiking at the nearby Weir Canyon Wilderness Park.

Our HOA lawyers and staff look forward to working with the Summit Renaissance Homeowners Association and to developing another lasting relationship with a HOA client.

HOA Parking Rules Versus Handicap Parking Placards?

Published on: October 30, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered hoa law firm

Asked – My HOA requires a parking decal to park in the community. Is my HOA allowed to enforce its parking rules on vehicles with handicap parking placards that are parked within designated parking areas, but are without the HOA required parking decal?

Answered – Yes. Typically, homeowners association (“HOA”) governing documents (e.g., “CC&Rs,” “Rules & Regulations”) contain provisions governing how vehicles may be parked in the common area streets or parking spaces. In the event that a parking violation occurs, the HOA has the authority to enforce disciplinary measures against the violating individuals in accordance with the applicable enforcement procedures set forth in the HOA’s governing documents. Although California Vehicle Code §22511.5 permits individuals with appropriate handicap placards to park in handicap spaces, those individuals must still comply with all other HOA parking rules. Individuals generally may not, therefore, circumvent the requirements of an HOA’s parking rules through the use of handicap placards or plates.

Upon receiving a proper request, a HOA may be required to make “reasonable accommodations” for disabled individuals by designating additional parking spaces as handicap parking spaces. If your HOA has received such a request, the issue should be directed to your HOA’s legal counsel for guidance.

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

TLG Hires Sommer Banich as Director of Marketing & Operations!

Published on: October 24, 2012 | by Steven J. Tinnelly, Esq.

hoa law We are proud to announce that on October 1, 2012 the Tinnelly Law group welcomed Sommer Banich as its Director of Marketing & Operations. Ms. Banich will be responsible for crafting and implementing a cohesive marketing plan, as well as creating and implementing operations processes to improve the service the firm provides to its hundreds of HOA clients throughout the State of California.

“We are incredibly excited to have Ms. Banich join the TLG team. We know she will be an asset in helping to steer the firm’s continued growth while ensuring that we retain the level of quality and responsive service for which we are known.” – Steve Tinnelly, Managing Shareholder.

Prior to joining the Tinnelly Law Group, Ms. Banich was an integral part of the Business Development Department at Merit Property Management, one of California’s leading community management companies. Ms. Banich graduated from California State University at Fullerton with a Bachelor of Arts Degree in English.

To reach Ms. Banich via Email, click here.

Assessment Collections Fees in “No-Cost” Collections Contracts

Published on: October 22, 2012 | by Steven J. Tinnelly, Esq.

*New Case Law hoa law firm

The United States Bankruptcy Court in California recently ruled in a case that may impact the terms under which Homeowners Associations (“HOAs”) contract with collections companies to pursue delinquent assessments.

In In re Antonio Cisneros, the debtor, Cisneros, owned two properties within the HOA and had fallen behind on his assessment payments. Cisneros ultimately filed Chapter 13 bankruptcy in order to save his properties and cure his assessment arrears. The HOA had contracted with a collections company to recover the delinquencies from Cisneros. That contract specifically stated that if the collections company was “unable to collect fees or costs from the delinquent Owner or other responsible party, [then the] Association shall not be responsible for such fees or costs.” (Emphasis added.) Accordingly, under the terms of the contract, the HOA was under no true obligation to pay the fees or costs incurred by the collections company. That contractual provision was what the Bankruptcy Court relied upon in disallowing the collections company’s claims to recover its roughly $14,000 in collections fees and costs from Cisneros…

AB 2273: Resecuring HOA Assessment Streams from Foreclosed Properties

Published on: October 17, 2012 | by Steven J. Tinnelly, Esq.

*New Legislation

Homeowners Association (“HOA”) Boards and industry professionals are keenly aware of the financial impact that the economic downturn has had on HOAs throughout California, especially with foreclosures. The difficulty in identifying/contacting the bank who foreclosed on a property, as well as delays in the recording of certain property transfer documents, has hampered the ability of HOAs to quickly reestablish the assessment revenue stream from the new owner of the foreclosed property (often, the bank).

Fortunately, AB 2273 was recently signed into law to add new Section 2924.1 to the Civil Code and amend current Section 2924(b) of the Civil Code. AB 2273 serves two important functions:

It requires the foreclosing party to record a sale within 30 days of the sale to help the HOA identify new owners; and
It shortens the time for HOAs to be notified by the foreclosing party of the change in ownership: 15 days from the date of sale. However, this only applies if the HOA has recorded a “Request for Notice” prior to the property receiving a Notice of Default.

AB 2273 is another step toward helping HOAs reduce the financial impact the economic downturn is having on their budgets. It also underscores how important it is for a HOA to record a blanket “Request for Notice” pursuant to Section 2924(b). HOA Boards and Managers that are dealing with defaulting properties should contact their HOA attorney to ensure that all appropriate steps are taken to help the HOA quickly reestablish the assessment stream from a foreclosed property.

To read the text of AB2273, click here.

New Client: Douglas Building Lofts

Published on: October 15, 2012 | by Steven J. Tinnelly, Esq.

We are proud to announce that Douglas Building Lofts has selected Tinnelly Law Group as its new legal counsel.

Located in the City of Los Angeles, Douglas Building Lofts consists of 50 unique, New York style lofts located two blocks away from the Metro Red Line Station.

Douglas Building Lofts is just minutes away from Los Angeles’ oldest and largest open-air market, Grand Central Market. Its residents enjoy a gated pet friendly mini-park, easy access to freeways, walks to nearby restaurants and shops, and striking City views.

Our HOA lawyers and staff look forward to working with the Douglas Building Lofts and to developing another lasting relationship with an HOA client.

Installing a HOA Dog Park in the Common Area?

Published on: October 8, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered

Asked – The HOA I manage is considering fencing off a portion of its common area to create a “Dog Park” for the residents to use? Can the HOA do this?

Answered – Maybe. However, our attorneys would strongly discourage the HOA from moving forward with the Dog Park based primarily on the following reasons:

1. Potential Conflict with the HOA’s Governing Documents: The HOA CC&Rs and/or Rules & Regulations may prohibit off-leash pets in common areas. An amendment to the CC&Rs and/or modification of the Rules & Regulations may thus be required so as to resolve any conflicts. While a modification to the Rules & Regulations is fairly easy to accomplish, amending the CC&Rs is often difficult–notwithstanding the expense the HOA will have to incur in the process. Additionally, HOAs are typically prohibited from maintaining anything in the community which serves as a nuisance to the HOA’s residents and guests (e.g., barking dogs).

2. Liability Exposure for the Association: There are many foreseeable circumstances where the HOA would be exposed to liability as a result of the Dog Park. It is not uncommon for dogs and people to be injured while using these types of parks. Having owners merely sign a waiver is not sufficient to completely insulate the HOA from liability–especially considering the likelihood that neighboring, non-HOA residents may try to use the Dog Park.

3. Insurance Concerns: The HOA’s insurance policy may not provide coverage for the Dog Park. Even if coverage is available, our communications with leading HOA insurance professionals echo the liability issues discussed above. Extending coverage to the Dog Park will likely cause an increase in the HOA’s insurance premiums. Moreover, any claims that are subsequently filed as a result of the Dog Park may cause those premiums to skyrocket. The most common Dog Park related claims are those where a dog knocks a person to the ground and causes injury.

It is easy to understand why HOA Boards would desire to install such an attractive and endearing amenity–especially if you are a dog lover like the HOA attorneys and staff in our office. However, installing a Dog Park in a community that was not originally developed with one is likely not a good idea. HOA Boards should consult with their legal counsel to determine what additional issues should be considered in determining whether to move forward with the park.

New Client: The Paseos Community Association

Published on: September 28, 2012 | by Steven J. Tinnelly, Esq.

homeowners law

We are proud to announce that The Paseos Community Association has selected Tinnelly Law Group as its new corporate counsel.

The Paseos is the newest community in Murrieta’s French Valley and has an estimated build out of 122 gorgeous single family homes.

This new community is located next to the Crown Valley Regional Sports Park and offers residents of The Paseos a peaceful living environment. Along with the tot lot dedicated to the kids, there is a variety of recreational activities such as swimming in the pool and playing tennis.

Our HOA lawyers and staff look forward to working with The Paseos Community throughout its construction phase and thereafter once complete. We enjoy helping new communities establish solid operational foundations that ensure their continued success.

Recovering Attorneys’ Fees in HOA Election Disputes

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

*New Case Law

The California Court of Appeal’s recent ruling in a case underscores how crucial it is for HOAs to strictly comply with the Civil Code’s election procedures and requirements.

The court in That v. Alders Maintenance Association (2012) applied Civil Code § 1363.09 to hold that a HOA’s attorneys’ fees and costs are generally not recoverable by a HOA should it prevail against a member in an election dispute. However, the same is not true for a member should she instead prevail against her HOA.

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