HOA Lawyer Blog

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.

HOA Obligation to Combat Nuisances?

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

*Asked & Answered hoa attorney

Asked – In response to a complaint by a homeowner that her noisy neighbor is causing a nuisance, is her homeowners association obligated to take legal action to remedy the problem?

Answered – Maybe. A homeowners association’s (HOA’s) governing documents often contain use restrictions which prohibit homeowners from conducting activities that unreasonably interfere with other homeowners’ use and enjoyment of their units. However, HOA Boards are granted discretion in determining whether they should take legal action in enforcing such use restrictions. A nuisance which is minor (e.g., only impacts one homeowner) may not ultimately justify the expense the HOA will incur in taking action to remedy the problem. However, a more significant nuisance which impacts multiple homeowners (e.g., constantly throwing loud parties) is likely a situation where the HOA should step in.

That is not to say that an individual homeowner suffering from a minor nuisance is without recourse. HOA governing documents typically contain provisions which permit homeowners to take action themselves to enforce the governing documents. Additionally, unless the governing documents state otherwise, that right is also codified at Civil Code § 1354(a).

Homeowners suffering from nuisances should attend Board meetings to present their case to the Board. While the Board has discretion in determining the propriety of legal action, the homeowner can suggest that the Board employ less serious enforcement measures such as violation notices, imposing fines or suspension of privileges.

To submit HOA law questions to Tinnelly Law Group, click here.

New Client: Aventura Homeowners Association

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

hoa law firm We are proud to announce that the Aventura Homeowners Association has selected Tinnelly Law Group as its legal counsel.

Located in the City of Irvine, California, the Aventura condominium project consists of 167 beautiful condominiums built by California Pacific Homes. Its residents enjoy fantastic amenities such as a community pool, spa and tennis courts. Aventura is located close to shopping, theatre, schools, parks and the Irvine business district.

Our HOA attorneys and staff look forward to working with Aventura’s Board of Directors and to developing another lasting relationship with a Homeowners Association client.

Rogue Directors: Battling Bad Behavior

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

hoa board member *New Resource

Serving as a Director on your HOA’s Board can be a frustrating and thankless job. Raising assessments, enforcing the governing documents, and taking other potentially unpopular actions can lead to disputes and charged emotions. Despite that fact, Directors, as representatives of the Homeowners Association, must conduct themselves in an appropriate manner. Overly aggressive or inappropriate behavior by a rogue Director or officer can give rise to liability for both the Association and the Board. Fortunately, there are mechanisms available to safeguard against liability in such situations and, if necessary, to have the rogue Director removed. This blog post addresses those mechanisms.

Our HOA lawyers have also published this information in our new resource entitled “Rogue DIrectors: Battling Bad Behavior,” available for download from our library.

New Client: One Marina Homeowners Association

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

*TLG Goes Statewide community association lawyer

We are proud to announce that the One Marina Homeowners Association has selected Tinnelly Law Group as its corporate counsel. One Marina is one of the first community associations to join Tinnelly Law Group’s now expanding Bay Area client portfolio.

Built by The Pauls Corporation, the brand new One Marina project consists of 231 luxury town homes located in downtown Redwood City, CA.

One Marina’s residents enjoy waterfront living with fantastic marina views and access to nearby wetlands, trails and open spaces.

Our HOA lawyers look forward to working with One Marina and to developing another lasting relationship with a Homeowners Association client.

Challenges to HOA Elections: Facts and Consequences

Published on: April 3, 2012 | by Steven J. Tinnelly, Esq.

homeowners association law.jpg *New Resource

Electing a Board of Directors to manage the Association is a complex and time consuming process. Despite the best of intentions, sometimes things slip through the cracks, whether it’s the qualifications of someone on the ballot or the manner in which votes are collected and tallied. When this occurs, the appointment of a specific director or the election as a whole can be challenged by a member. This blog post discusses the basics of such a challenge, including who has standing to bring a challenge, when a challenge can be brought, and how such a challenge can affect the Association.

Our HOA lawyers have also published this information in our new resource entitled “Challenges to Association Elections: Facts and Consequences”, available for download from our library.

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