HOA Lawyer Blog

HOA Prohibiting Single Owners from Renting Out Multiple Units?

Published on: July 23, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered

Asked – Can the Board amend the HOA’s CC&Rs to limit a homeowner who owns multiple units from renting more than one unit unless they live within the HOA?

Answered – Yes. Provided that the requisite procedures are followed and membership approval is obtained, the Board of Directors does have the authority to amend your HOA’s CC&Rs to include such a rental prohibition. However, because the amendment serves to effectively prohibit a homeowner’s ability to rent out a unit (as compared to a less-severe, reasonable restriction on rentals), the California Civil Code limits the degree to which current homeowners would be bound by the prohibition.

Senate Bill 150 added Section 1360.2 to the California Civil Code to insulate certain homeowners from any “provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests” that was adopted by the HOA on or after January 1, 2012. The only homeowners who may be bound by such rental prohibitions are those who bought their homes after the prohibition had already been adopted and in effect, as well as those who consent to being bound by it.

In your situation, an interesting question becomes how would the Civil Code treat enforcement of such a prohibition against a particular homeowner who owned one unit within the HOA before the prohibition was adopted (“Unit A”), and then later, after the prohibition is adopted, purchases another unit in the HOA (“Unit B”)? The language of Section 1360.2 seems to suggest that the rental prohibition would indeed be valid and enforceable against Unit B. However, a thorough assessment of the facts at issue as they relate to the legislative intent behind Section 1360.2 would be necessary to make a more complete determination.

If your Homeowners Association is contemplating the adoption of a new provision to restrict or prohibit rentals, careful consideration must be given to how the Civil Code’s limitations will impact the enforcement of the new provision and whether those limitations will frustrate the homeowners’ goals in adopting it. Consulting with your Homeowners Association attorney will assist in crafting a provision that serves the interests of the homeowners while also preventing costly legal challenges to its enforcement.

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

New Client: Village Walk I Corporation

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

California HOA law

We are proud to announce that Village Walk I Corporation has selected Tinnelly Law Group as its new legal counsel.

Located in the City of Claremont, the Village Walk I development consists of 173 beautiful condominium homes built in 2006.

Village Walk’s residents enjoy access to nearby pools, theaters, a golf course, and the Claremont Metrolink.

Our HOA lawyers and staff look forward to working with Village Walk I and to developing another lasting relationship with a Homeowners Association client.

Fining Homeowners for not Completing HOA Surveys?

Published on: July 13, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered california hoa lawyers

Asked – May our HOA impose fines on homeowners who fail to complete HOA surveys?

Answered – Probably not. In general, a homeowners association (HOA) does have the authority to impose reasonable fines to deter violations of the HOA’s governing documents, as well as any rules and regulations validly adopted by the HOA’s Board of Directors. Liebler v. Point Loma Tennis Club (1995). Even assuming that the survey requirement itself is a reasonable, valid rule adopted by your HOA Board in accordance with the requirements contained in its governing documents and Civil Code §1357.110, fining homeowners for failing to complete the survey is likely to be deemed an unreasonable exercise of the HOA’s authority.

The HOA’s authority to impose fines is premised upon (1) deterring behavior which may damage the interests of the HOA and its members, or (2) reimbursing the HOA for costs it will incur as a result of violations. A homeowner’s failure to complete an informational survey will rarely, if ever, implicate such concerns.

The imposition of disciplinary measures such as fines is often crucial to the success of a HOA’s enforcement efforts. However, the authority to impose fines is not absolute–HOA Boards must comply with the procedural requirements set forth both in their governing documents and the California Civil Code, and furthermore must ensure that the fines at issue are justifiable and reasonable under the circumstances.

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

HOA Board Member Access to Homeowner Mailboxes?

Published on: July 10, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered hoa law firm

Asked – Does our HOA Board President have the right to access our locked mailboxes in order to put a name card on the box?

Answered – No. There are no Federal statutory provisions specifically addressing this situation; however, no one except the homeowner or the postal worker is allowed to open the homeowner’s locked mailbox or even possess the keys. The logical question then becomes why would a Board even have access to locked homeowner mailboxes, notwithstanding any maintenance obligations the HOA may have with respect to the mailbox’s supporting structures. Such access likely violates a homeowner’s privacy expectations. If in using the name cards the Board is seeking to deliver mail matter to homeowners without paying postage, that itself constitutes a violation subject to fine under 18 U.S.C. 1725: “Whoever knowingly and willfully deposits any mailable matter…on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter…with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title.”

HOA Boards of Directors should recognize the potential liability that attends violations of state and federal statutes. HOA Boards of Directors should thus consult with the HOA’s legal counsel in situations where the Board’s authority to engage in some desired activity is not clearly provided for in the HOA’s governing documents.

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

TLG Expansion: New San Francisco Bay Area Office!

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

Hoa Attorney The Tinnelly Law Group is proud to announce the opening of its newest office location in San Mateo, California.

The opening of the San Mateo office is in response to our rapidly expanding San Francisco Bay Area client portfolio. Our attorneys and staff are already beginning to enjoy the working relationships we are developing with our Northern California HOA clients and their management. Our new San Mateo location will assist in providing them with the responsive and personalized service for which we are known.

We thank all of our clients and industry partners for their continued support.

HOA Hosted Public Events: ADA Compliance Required?

Published on: July 2, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered

Asked – Does hosting a public bingo game at our association’s clubhouse expose the association to any liability under the Americans with Disabilities Act?

Answered -Yes, a homeowners association (“HOA”) that hosts public events at its facilities will need to comply with the rules and regulations of the Americans with Disabilities Act (“ADA”).

Access to HOA clubhouses and other facilities is typically limited to HOA members and their guests. Because limiting access in this respect maintains the private character of a HOA’s facilities, HOAs are generally not considered to be operating places of “public accommodation” within the meaning of the ADA and are therefore not legally obligated to comply with the ADA’s requirements. We have recently published a resource entitled “Disabled Residents and the Law” which addresses this very issue.

However, if your HOA has been granted permission by the California Gambling Control Commission to host a bingo game night at your clubhouse, then, among other regulations, the bingo game must be held open to members of the public. In such a situation, the HOA would be operating a place of public accommodation subject to the ADA’s regulations. Therefore, to the extent that the HOA’s facilities are not ADA compliant, the HOA may be exposing itself to unforeseen liability.

A HOA which is considering or is already hosting public events at its facilities should consult its legal counsel to determine whether the HOA is exposing itself to unforeseen liability.

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

New Client: Canyon View Condominium Owners Association

Published on: June 19, 2012 | by Steven J. Tinnelly, Esq.

hoa attorneys

We are proud to announce that the Canyon View Condominium Owners Association has selected Tinnelly Law Group as its new corporate counsel.

Tucked away in the beautiful and peaceful Trabuco Canyon, the Canyon View Condominium Owners Association consists of 225 condominium homes located within walking distance of the Limestone Canyon & Whiting Ranch Wilderness Park. Canyon View’s residents enjoy the use of community swimming pools, nearby tennis courts and parks.

Our HOA lawyers look forward to working with Canyon View Condominium Owners Association and to developing another lasting relationship with a Homeowners Association client.

Committees: Delegating Board Authority to Achieve Efficiency

Published on: June 13, 2012 | by Steven J. Tinnelly, Esq.

hoa attorney *New Resource

The 2012 amendments to the “Common Interest Development Open Meeting Act” have made it significantly more difficult for Boards to manage the affairs of their HOAs in a quick and efficient manner. Those amendments, as discussed in our previous resource,”Senate Bill 563: Boards and their Business,” made significant changes to the Civil Code, including, (1) revisions to the definition of meeting to include executive session meetings, (2) the inclusion of a new “No Action Without a Meeting” rule, (3) the implementation of a rule prohibiting Boards from considering items of business not noticed on a meeting agenda, and (4) a prohibition on meetings conducted or actions taken through email. As any Board Member or Manager knows, these changes have not only deprived Associations of many of the tools previously used to conduct business outside of regularly held Board meetings, but have also obstructed the channels and methods of communication that are necessary to effectively assign responsibilities and make ongoing mid-project decisions. Although HOAs are unfortunately bound to abide by these requirements, there are devices available to the Board that can significantly decrease the burdens these requirements impose. This blogpost discusses the use of one such device–the committee–and the various ways in which it may be used by Boards to address HOA business within the constraints imposed by the Civil Code.

Our HOA lawyers have also published this information in our new resource entitled “Committees: Delegating Authority to Achieve Efficiency,” available for download from our library.

TLG Accolades: Laguna Niguel HOA Tackling Community-Wide Pipe Failures

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

Some condominium projects are unfortunately experiencing substantial, community-wide pipe leaks and failures due to substandard piping products used in development. In dealing with that very situation, one of TLG’s homeowners association clients, located in the City of Laguna Niguel, encountered various legal and financial issues. We are humbled by the recent comments made by its Board President in response to the assistance TLG provided over the past months in helping to resolve those issues:

“Thanks to [Rich Tinnelly] and [Steve Tinnelly] and [Kai MacDonald] for your advice, prompt responses, and patience in helping guide us through the maze.”

We are privileged to have assisted the Board in taking the steps necessary to protect the interests of the HOA and its members. We applaud their diligence and determination in tackling the problem head-on and in preventing what could have been catastrophic damage to the community, the members’ properties, and the HOA’s financial well-being.

New Client: Villa Hoffman Homeowners Association

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

hoa attorneys

We are proud to announce that the Villa Hoffman Homeowners Association has selected Tinnelly Law Group as its new legal counsel. Villa Hoffman is the latest homeowners association to join Tinnelly Law Group’s rapidly expanding Bay Area client portfolio.

Located in the northern end of San Francisco’s town of Colma, Villa Hoffman consists of 18 single family homes built in 2004. Villa Hoffman’s residents enjoy a nearby elementary school, parks and the Cypress Golf Course

Our HOA attorneys and staff look forward to working with Villa Hoffman Homeowners Association and to developing another lasting relationship with a Homeowners Association client.

HOA Lawyer BLog