HOA Lawyer Blog

New Client: Canyon View Condominium Owners Association

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

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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.

Protecting HOA Members’ Easement Rights in Disputes with Developers

Published on: June 4, 2012 | by Steven J. Tinnelly, Esq.

*New Case Law

Homeowners Association (HOA) developers often reserve certain easement rights for the benefit of the HOA’s members. Such easement rights typically extend over common areas but may also extend to adjoining properties which are not included within the actual HOA development. When those easement rights are threatened or infringed, the recent case of Sumner Hill Homeowners’ Association v. Rio Mesa Holdings, LLC., (2012) (Sumner Hill) illustrates (1) how the HOA can bring an action to protect its members’ interests and (2) what substantial role the development’s tract map can play in adjudicating the members’ easement rights.

In Sumner Hill, residents in a gated community enjoyed access to a private road (Road) that lead to the nearby San Joaquin River. That access was jeopardized when an outside developer (Defendant) built one of its development’s public access paths through the Road and installed a fence which restricted access to the Road by the Sumner Hill residents. The Sumner Hill members believed that the Road was part of the association’s common area and that their easement rights had therefore been violated.

Homeowners Association Risk in Hiring Unlicensed Contractors

Published on: May 18, 2012 | by Steven J. Tinnelly, Esq.

*Asked & Answered

Asked – What effects does hiring an unlicensed contractor bear on a HOA?

Answered – In accordance with the Contractors State License Board, it is illegal for an unlicensed contractor to perform work on any project that exceeds $500 or more in labor and materials. A Homeowners Association (HOA) that hires an unlicensed or uninsured contractor subjects itself to liability for unpaid wage or worker’s compensation claims the contractor’s employees may have. For example, a HOA that hired an unlicensed contractor was held to be a “general contractor” and thus required to pay the unpaid wages of the unlicensed contractor’s employees. Sanders Construction v. Cerda (2009) 175 Cal.App.4th 430. Additionally, a HOA and a management company that hired an uninsured contractor were held to be the “employers” of the uninsured contractor’s employee so as to make the HOA and the management company liable to the pay the employee’s workers compensation benefits. Heiman v. Workers’ Compensation Appeals Board (2007) 149 Cal.App.4th 724.

HOAs and management companies should always do their due diligence when hiring a contractor to ensure that the contractors are properly licensed. A HOA can verify the license of their proposed contractor by going to the Contractors State License Board verification page. Additionally, in case of any unforeseen scenarios, the HOA should protect itself by having provisions in its contracts indemnifying any wage or hourly claims by its employees.

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

The Effect of Abstentions on HOA Elections

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

*Asked & Answered

Asked – Does a homeowner who abstains from voting in a HOA’s annual election have any impact on the degree to which the HOA satisfies its quorum requirement?

Answered – Yes. A member that abstains from voting will still be included in measuring whether a HOA has satisfied its quorum requirement. Typically, a HOA’s governing documents (e.g., By-laws) will require that a quorum be reached for an annual election. During an election period, a homeowner may choose to either vote or abstain from voting (an abstention).

Although each abstention vote is included in determining whether quorum has been met, an abstention vote is not tallied for the purpose of determining whether a motion has passed or a director has been elected. Civil Code §1363.03(b). Accordingly, blank ballots and invalid write-in votes such as “Remove the Board” should also be counted towards quorum.

It is not uncommon to have members abstain from voting. HOA Boards of Directors that are unsure of how abstentions or invalid votes will impact their annual elections should consult their legal counsel for guidance.

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

New Client: The Terrace at Corona Del Mar

Published on: May 4, 2012 | by Steven J. Tinnelly, Esq.

hoa attorneys

We are proud to announce that The Terrace at Corona Del Mar Homeowners Association has selected Tinnelly Law Group as its corporate counsel.

The beautiful Terrace at Corona Del Mar development consists of 100 condominium homes located in the City of Newport Beach. Its residents enjoy ocean front views and are conveniently located within walking distance of upscale dining and shopping centers.

Our HOA lawyers look forward to working with The Terrace at Corona Del Mar and to developing another lasting relationship with a Homeowners Association client.

HOA Accommodations for Disabled Residents

Published on: May 1, 2012 | by Steven J. Tinnelly, Esq.

homeowners_association *New Resource

Various laws have been established to protect the rights of disabled individuals, such as the Americans with Disabilities Act (“ADA”) and the Federal Fair Housing Act (“FFHA”). These laws govern both public and private facilities, and set forth the degree to which an entity, such as a homeowners association (“HOA”), is responsible for making modifications or improvements to accommodate individuals with disabilities. This blog post is in response to recent client inquiries relating to this issue; it addresses the applicability of each of these laws to HOAs and sheds some light on the potential issues that HOA Boards and Managers should be aware of.

Our HOA lawyers have also published this information in our new resource entitled “Disabled Residents and the Law,” available for download from our library.

New Client: Irvine Groves Homeowners Association

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

hoa attorneys

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

Located in the City of Irvine, the beautiful Irvine Groves community consists of 231 condominiums located just one block from Irvine High School and a few blocks from the Irvine Heritage Park Library.

In addition to nearby retail and dining, Irvine Groves’ residents enjoy a community pool, spa, greenbelts and tennis courts.

Our HOA attorneys look forward to working with Irvine Groves and to developing another lasting relationship with a Homeowners Association client.

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