HOA Lawyer Blog

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.

New Client: Pacific Club Condominium Association

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

california hoa law firm We are proud to announce that the Pacific Club Condominium Association has selected Tinnelly Law Group as its corporate counsel.

Located in the beatiful beach-side community of Playa del Rey, California, the prestigious Pacific Club development consists of 180 luxury condominiums located just three blocks from the ocean.

Pacific Club is a community of friendly residents who enjoy resort style living with fantastic amenities and short walks to the beach, restaurants and retail stores.

We look forward to working with Pacific Club and to developing another lasting relationship with a condominium association client.

Challenges to a Board Member’s Qualifications After Election?

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

*Asked & Answered hoa-election

Asked – May a homeowner challenge the qualifications of a member to serve on the HOA’s Board of Directors after they have been elected?

Answered – Maybe, depending on the date of the challenge. Corp. Code §7527 provides that “an action challenging the validity of any election, appointment or removal of a director or directors must be commenced within nine months after the election, appointment or removal. If no such action is commenced, in the absence of fraud, any election, appointment or removal of a director is conclusively presumed valid nine months thereafter.” The election will thus be deemed valid unless the challenge is brought within nine (9) months after the election.

However, there is a slight conflict in the law with respect to election challenges. Civil Code §1363.09(a) provides a one (1) year period to bring civil actions for declaratory or equitable relief relating to violations of the election and voting procedures set forth in that article. Accordingly, the law is slightly inconsistent with respect to the exact period in which such challenges may be brought.

HOAs can be significantly impacted by actions taken under the direction of an unqualified Board Member. Surprisingly, most original governing documents do not contain any specific qualifications for a member to serve on their HOA’s Board. Many HOAs therefore opt to amend their Bylaws to establish reasonable qualifications for Board Members (e.g., membership in the association, good standing with regard to assessment payments, etc.). Adoption and enforcement of Board Member qualifications assist in ensuring that the best possible members are entrusted with managing the HOA’s affairs.

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

Content provided by Kai MacDonald, Esq. – HOA attorney with Tinnelly Law Group.

New Client: Faire Harbour Homeowners Association

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

hoa attorneys We are proud to announce that the Faire Harbour Homeowners Association has selected Tinnelly Law Group as its new corporate counsel.

Located in the charming coastal city of San Clemente, California, the Faire Harbour development consists of 144 Cape Cod style condominiums tucked within the desireable Marblehead community. From their elevated location, the Faire Harbour condominiums feature breathtaking panoramic views of ocean sunsets and Catalina Island.

Our HOA attorneys look forward to working with Faire Harbour and to developing another lasting relationship with a homeowners association client.

Association Repair and Renovation Loans

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

hoa attorney *New Resource

As communities mature, the need for major repairs or renovations can become a major concern. Often because of unforeseen problems or insufficiently funded reserves, community associations (associations) are not capable of funding the necessary repairs immediately. In order to avoid a piecemeal repair effort in such situations, or the possibility of additional problems arising from the postponement of the repairs, it may become necessary for an association to borrow money. Fortunately, many banks have recognized this need and are willing to lend to associations for major repairs and renovations.

This blog post addresses some of the more frequently asked questions and important issues relating to association borrowing, such as the common reasons for borrowing, what a bank uses for collateral, and what effect the loan has on individual homeowners.

Our HOA attorneys have also published this information in our new resource entitled “Association Repair and Renovation Loans”, available for download from our library.

New Client: Hacienda De Rio Vista Homeowners Association

Published on: March 16, 2012 | by Steven J. Tinnelly, Esq.

We are proud to announce that the Hacienda De Rio Homeowners Association has selected Tinnelly Law Group as its HOA law firm.

Located in the City of Whittier, the Hacienda De Rio Vista condominium project consists of 24 quaint condominiums nestled within a quiet residential community. The Hacienda De Rio Vista residents enjoy nearby access to schools and parks, including the Pio Pico State Historic Park.

We look forward to working with Hacienda De Rio Vista and to developing another lasting relationship with a homeowners association client.

Circumventing HOA Voter Apathy Via Court Petition

Published on: March 14, 2012 | by Steven J. Tinnelly, Esq.

Voting to amend homeowner or condominium association (Association) governing documents can be a difficult process. Additionally, when an Association’s governing documents require a “supermajority” vote to enact the amendment, the process can go from difficult to nearly impossible. A “supermajority” refers to a vote requiring approval by more than a simple majority (any amount over 50%) of the membership. Voter apathy, busy schedules and other issues can make achieving a supermajority highly impractical, particularly for larger Associations.

Fortunately, Civil Code Section 1356 provides a form of relief for Associations being stifled by onerous supermajority requirements, allowing Associations to petition the court for a reduction in the percentage of affirmative votes necessary for an amendment. Such a petition was at the heart of the dispute in the recent unpublished case of Quail Lakes Owners Association v. Kozina (2012).

TLG Attorney Judges UCLA School of Law National Moot Court Competition

Published on: March 12, 2012 | by Steven J. Tinnelly, Esq.

TLG Attorney and UCLA School of Law alum, Steven J. Tinnelly, Esq., was invited by the UCLA School of Law to judge the preliminary rounds of UCLA’s Eighth Annual Williams Institute Moot Court Competition.

The Williams Institute hosts the only national moot court competition dedicated to the areas of sexual orientation and gender identity law. The competition is designed to promote and recognize the finest oral and written advocacy on these important issues. On March 10, 2012, approximately thirty teams from law schools throughout the country met to compete in the preliminary rounds of the competition. The competitors were tasked with writing an appellate brief on a current legal topic and arguing the case before a panel of judges.

Mr. Tinnelly was extremely impressed with the passion the competitors had for the issues addressed in the competition and for the incredible oral advocacy skills they demonstrated throughout the morning and afternoon. He was privileged to have been selected to judge such a great competition and he looks forward to doing so again in the future.

New Legislation: SB 880 – EV Charging Stations (Round 2)

Published on: March 7, 2012 | by Steven J. Tinnelly, Esq.

In November of last year we discussed the introduction of Senate Bill 209 (SB 209), in our post entitled, “Electric Vehicle Charging Stations in Your Community?” SB 209 as singed into law could be interpreted to broadly require that homeowners associations (Associations) allow electric vehicle (EV) charging stations on common areas–an apparent violation of existing California laws. Our blog post addressed SB 209’s various defects and deficiencies, and touched on a report by CAI’s Legislative Action Committee (“CLAC”) noting the need for an amendment to the law.

On February 29, 2012, Senate Bill 880 (SB 880) was signed into law as an “urgency statute.” SB 880, effective immediately, is a “clean up” measure intended to (1) correct constitutional flaws posed by SB 209, (2) resolve a conflict with Civil Code Section 1363.07, and (3) correct apparent ambiguities within the language of the statute.

New Client: Versailles Owners Association

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

We are proud to announce that the Versailles Owners Association has selected Tinnelly Law Group as its corporate counsel.

Located in the City of Long Beach, the Versailles mid-rise building consists of 86 gorgeous executive condominiums centrally located between downtown Long Beach and the Belmont Shore community.

The Versailles condominiums are steps from the beach and enjoy amazing shoreline and ocean views from their floor to ceiling windows.

We look forward to working with Versailles and to developing another lasting relationship with a condominium association client.

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