New Client: Pepper Lane Owners Association
It’s our privilege to welcome Pepper Lane Owners Association to Tinnelly Law Group’s growing family of HOA clients. Pepper Lane is a condominium community by Pulte Homes in the city of San Jose. Residents enjoy community gardens, a tot lot and bocce court. Our HOA lawyers and staff look forward to working with Pepper Lane’s […]
New Client: Olivecrest Neighborhood Association
It’s our privilege to welcome Olivecrest Neighborhood Association to Tinnelly Law Group’s growing family of HOA clients. Nestled within the gated Willow Heights masterplanned community in Diamond Bar, Olivecrest offers a limited number of brand new luxury townhomes by Lennar. Just steps away from their new home at Olivecrest, residents will love the convenient access […]
Re-Opening HOA Facilities on an Honor System
We have previously blogged about successfully re-opening the common area amenities during the COVID-19 pandemic. Homeowner Associations (HOAs) are tasked with various responsibilities, including the health and safety of their memberships. California has made it clear that all businesses and facilities must follow the industry guidance to reduce the risk of COVID-19 before reopening. Willfully […]
Annual HOA Legislative & Case Law Update (2021) Now Available!
In case you missed it, Issue # 48 of our ‘Community Association Update’ newsletter is available now! Topics covered in this issue include: SB 908 – Debt Collection Licensing Act AB 3182 – Rental or Leasing of Separate Interests AB 1885 – Homestead Exemption Insurance Company Denies Defense to Managing Agent Who Was Not an Additional […]
New Client: Jasmine Creek Community Association
It’s our privilege to welcome Jasmine Creek Community Association to Tinnelly Law Group’s growing family of HOA clients. Situated on the hillsides of Corona Del Mar, CA, Jasmine Creek is a gated community consisting of 324 homes. At a time when most builders “go vertical” to maximize available space, the community of Jasmine Creek stands […]
New Case Highlights the Importance of Naming the Managing Agent as Additional Insured Under the HOA’s Directors and Officers Insurance Policy
*New Case Law Many homeowners associations (“HOA”) are professionally managed by a managing agent (“Manager”). The Manager is generally tasked with the obligation of carrying out the decisions of the HOA’s Board of Directors (“Board”), as well as day-to-day operations of the HOA. Because they operate as an agent of the HOA, most Managers require […]
The Business Judgment Rule: Inapplicable as to Decisions Made Under a Material Conflict of Interest
*New Case Law Under the Business Judgment Rule, volunteer directors are shielded from liability for decisions made when those decisions are (1) consistent with the director’s duties, (2) made in good faith, and (3) in a manner it believes to be in the best interests of the HOA and its members. (See Lamden v. La Jolla […]
AB 1885 – Debtor Exemptions: Homestead Exemption
The homestead exemption protects the value of a homeowner’s primary residence in the event of a bankruptcy. Specifically, it provides that a specified portion of equity in a homestead is exempt from execution to satisfy a judgment debt. Existing state law prescribes that the amount of this homestead exemption is $75,000 for single homeowners, $100,000 […]
New Client: 41West Owners Association
It’s our privilege to welcome 41West Owners Association to Tinnelly Law Group’s growing family of HOA clients. 41West is a new highrise condominium building in the Banker’s Hill neighborhood of San Diego. Residents enjoy a pool, spa, fitness center, clubhouse, and extensive greenbelts. Residents enjoy a full featured resident lounge, with a theater and golf […]
How to Manage Increased Costs During COVID-19
2020 has strained the purse strings of California homeowners associations. When the pandemic hit in March, it forced HOA’s into uncharted territory, which resulted in unanticipated legal fees to address a myriad of issues such as how to conduct meetings, enforce the governing documents, and maintain common areas during state-ordered shelter-in-place directives. As restrictions were […]