HOA Lawyer Blog

HOA Liability for Third Party Criminal Acts

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

One of the primary purposes of a Homeowners Association (HOA) is to manage and maintain the common areas within a development. Although the specific responsibilities assigned to a HOA may vary greatly depending on the terms of their governing documents, the HOA generally has a duty to act diligently and in good faith. Often times, these responsibilities include the repair and maintenance of security and safety equipment, including street lights, surveillance cameras and entry gates.

In the recent unpublished case of Girardi v. San Rafael Homeowners Association, (2012), the question arose of whether the Association may be liable for a failure to adequately maintain common area security equipment when a homeowner suffers damages from being burglarized.

TLG Attorney Joins Tough Mudders in Supporting Wounded Warriors

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

TLG Attorney Kai MacDonald participated in the “SoCal #1 Tough Mudder” event on Februrary 25, 2012 benefiting the Wounded Warrior Project.

Tough Mudder events are “hardcore 10-12 mile obstacle courses designed by British Special Forces to test participants’ all around strength, stamina, mental grit, and camaraderie.”

After successfully navigating 20ft. cliff dives, mud crawls, ice baths, 10,000 volt electric prods and a wealth of other hardcore obstacles, Kai finished the 12 mile course in style.

Check Kai out in the interview he gave to the local Channel 8 news after the event. (In the video to the right, after the ad, at 1:23 and 1:55)

We are proud of Kai’s efforts in supporting a great cause. The TLG team is looking forward to running the 2012 Irvine Lake Mud Run benefiting the Gavin R. Stevens Foundation on March 31st!

New Client: Burbank Hill Community Association

Published on: February 27, 2012 | by Steven J. Tinnelly, Esq.

We are proud to announce that the Burbank Hill Community Association has selected Tinnelly Law Group as its corporate counsel.

Located in the City of Burbank, Burbank Hill consists of 127 ultra luxury homes built by Lennar Homes of California, Inc.

The homes are nestled in the hillside above Brace Canyon Park and enjoy stunning views of canyon and city scenery.

We look forward to working with Burbank Hill and to developing another lasting relationship with a HOA client.

Fighting Battles on Behalf of their Members: HOA Standing in Lawsuits with Third Parties

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

*New Case Law

It is easy to understand how Homeowners Associations (HOAs) have standing to initiate legal action for enforcement of their governing documents or for damage to the HOA’s common areas. However, under what circumstances may a HOA bring a lawsuit on behalf of its members for claims that the individual members may have against third parties? That question was addressed in the recent case of Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties, Inc., (2012) (Glen Oaks).

In Glen Oaks, the Plaintiff/Appellant HOA sued several realtors (Realtors) who had assisted the developers of Glen Oaks Estates (Project) in marketing and selling its parcels. A significant slope failure occurred along parts of the Project’s common area slopes and driveway in 2005. The HOA’s members (Members) then discovered that the soil reports which analyzed the Project’s common areas were substantially defective and unreliable. Though the Realtors were aware of the defects in these reports, they had either failed to provide these reports to the Members or had provided them without any warning as to their defects. The Members also discovered that the Realtors had violated various statutory disclosure requirements and had either intentionally concealed or misrepresented material information, including providing a false budget with a deceptively low monthly dues statement to the Members during the sales process.

Bankrupt Owners in Your Community

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

*New Resource

Community associations (“associations”) often deal with owners overburdened by debt and unable to pay their assessments. These owners may file for bankruptcy to seek financial relief. How does this affect an association? What must an association be aware of? How can an association protect its interests? This blog post addresses these questions while providing a basic outline of the three (3) types of bankruptcies that can affect an association: Chapter 7, Chapter 11, and Chapter 13.

This information can also be found in our new resource entitled “Bankrupt Owners in Your Community”, available for download from our library.

Neighbor to Neighbor Enforcement of HOA CC&Rs

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

Owners often question whether they can enforce their HOA’s CC&Rs on neighboring owners in the event that their HOA is either unwilling or unable to do so. Owners also question whether they can recover any attorney’s fees that they expend in bringing such an enforcement action.

The recent, unpublished opinion in Klein v. Nyamthi (2012) illustrates that owners may bring such enforcement actions in certain circumstances and may also recover their attorney’s fees should they prevail.

In Klein, the Defendant was violating the HOA’s CC&Rs by not fixing a landscape grading problem which ultimately caused his neighbor’s (the Plaintiff’s) home to sustain flooding damage. The Defendant violated the maintenance and nuisance provisions of the HOA’s CC&Rs by not “plant[ing] and water[ing] the slopes of [his] property, or otherwise maintain[ing] it in such a manner” as to prevent erosion and potential flooding. In recognizing that CC&Rs essentially constitute a contract between each of the owners and the HOA, the court highlighted the fact that CC&Rs are “enforceable by the owner of any lot in the development” pursuant to Civil Code Section 1354(a). Moreover, because the Plaintiff prevailed “in an action to enforce [the] CC&Rs,” in accordance with Civil Code Section 1354(c), the court ruled that the Plaintiff was “entitled to recover [attorney’s fees] as a matter of right.”

The Civil Code does provide owners the general right to enforce their Association’s CC&Rs against neighboring owners and the Association itself. However, some CC&Rs may contain provisions which limit or otherwise affect this right in certain situations. As a general rule, it is best for an owner to defer to the enforcement efforts of her Association and its Board of Directors when violations of the CC&Rs exist. Exercising “self-help” should be a measure of last resort in the rare instances where the Association is either unable or unwilling to comply with its enforcement obligations.

Surveillance Cameras Within Your Association

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

*New Resource

Video surveillance cameras are now being installed almost everywhere, so why not in your homeowners association (HOA)? When used properly surveillance cameras can provide additional security, a greater sense of safety and a deterrent to would be criminals. Yet several questions and considerations are often raised with respect to the installation of surveillance cameras within a HOA.

Does it violate the law for a HOA to install surveillance cameras within the community? Are these cameras helpful in reducing criminal activity? Is it acceptable to use “dummy” cameras instead of operative cameras? Does a HOA have to post signs notifying the homeowners that they are under video surveillance? These are some of the questions that HOAs are asking legal counsel as their Boards consider installing surveillance cameras to monitor entry gates, parking facilities and other common areas.

This blog post will address some of these questions while providing your HOA and management personnel with some guidance in this area. This information can also be found in our new resource entitled “Surveillance Cameras within your Association”, available for download from our library.

Charging Homeowners HOA Attorney’s Fees in Violation Hearings?

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

*Asked & Answered

HOA Communications with Homeowners: Methods of Delivery?

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

*Asked & Answered hoa law mailbox

Asked – Is it true that the law requires an Association to send notifications and communications to the homeowners via USPS only?

Answered – No. An Association’s governing documents may require that certain types of communications with homeowners be sent via USPS. However, in the event that no such requirements are contained in an Association’s governing documents, the California Civil Code may still require USPS for certain communications. One example would be a Notice of Lien, where an “[A]ssociation must notify the owner by certified mail.” Civil Code § 1367.1(a).

However, the homeowner can also consent to receive certain communications by other means besides USPS, such as electronic mail. An example is the Association’s Annual Update of Reserve Study, which may be delivered by “E-Mail, facsimile, or other electronic means, if the recipient has agreed to that method of delivery.” Civil Code §§ 1350.7(b)(3), 1363.005.

Be sure to review your Association’s governing documents to determine what provisions, if any, govern how notifications and communications are made between the Association and the homeowners. If the governing documents seem to be ambiguous, consult your Association’s legal counsel.

To submit questions to Tinnelly Law Group, click here.

New TLG Attorney! Kai MacDonald, Esq.

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

TINNELLY LAW GROUP is proud to announce it’s newest member of the team: Kai MacDonald, Esq.

Mr. MacDonald received his undergraduate education at the University of California, Santa Barbara, where he double majored in Philosophy and Law & Society. He received his Juris Doctorate from the University of San Diego, School of Law, in 2008, where he focused on tax law and real estate, and was awarded the Ralph Gano Miller Excellence in Tax Award for outstanding scholarship in tax law. In 2009 Mr. MacDonald went on to obtain his LLM in Taxation (Masters in Tax Law) from the University of San Diego, School of Law. Mr. MacDonald is also a licensed real estate broker and public notary.

Mr. MacDonald will work primarily within the firm’s transactional department, where he will focus on interpretation of governing documents and contract review. He will also be involved in the firm’s marketing and client development efforts.

We are excited to have Mr. MacDonald join the TLG family; we know he will be a tremendous asset to our firm, our clients, and the industry partners we work with on a daily basis.

For Mr. MacDonald’s full bio, click here. He can be reached at

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