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The latest HOA legal updates, California & Texas legislation news, board governance tips, and community association insights written by our attorneys, built for boards and managers.

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Can HOA Enforcement Actions Equate to Discrimination?

The recent, unpublished opinion in Radell v. Park Wilshire Homeowners Association (2011) illustrates the importance of fully complying with prescribed HOA enforcement procedures. In Radell, the Plaintiffs alleged that the

New Data & Analytics Firm Seeks to “Bridge the Gap” Between the Mortgage Industry and HOAs

A new subsidiary of a national asset management firm has been founded to help resolve some of the problems experienced by Homeowners Associations (“HOAs”) and the mortgage industry in the

Turning up the Heat on HOA Collection Practices

The increase in assessment collection efforts by Homeowners Associations (“HOAs”) is being seen nation-wide. States like California, Nevada and Texas are currently debating new legislation aimed at making some drastic,

Credit Card Processing of HOA Assessments: Good Idea?

Associations are required to levy regular and special assessments sufficient to perform their obligations under their governing documents and Ca. Civ. Code §1366(a). Associations may encounter difficulties in getting their

HOA To Install CA’s Largest Residential Solar Water Heating Project

More and more Associations throughout California are considering the implementation of alternative energy sources as a mechanism to reduce their operating expenses. An Association in San Jose will begin construction

Board Member Qualifications: Defining “Ownership” for a Trust Beneficiary

*Asked & Answered Question – One of our incumbent Board Members was recently discovered to be the beneficiary of a trust that holds title to her home. The title was

Short Sales and Delinquent Assessments

*Asked & Answered This economic downturn has dealt a serious blow to the assessment revenue of Associations throughout California. Almost every Association is dealing with several delinquent homeowners. One Board

Property Owners Entitled to Compensation from State

Property owners in a partially-built Northern California subdivision may be compensated by the State for flooding damage to their properties. A Sacramento County Superior Court ruling in April held that

Purchaser of Home Foreclosed by HOA Entitled to Recover Repair Costs from Redeeming Homeowner

In an effort to collect unpaid assessments, Associations have the power pursuant to California Civil Code Sections 1367(a) and 1367.1 to record a lien on the offending property and subsequently

Should your Association Permit the Installation of Cell Towers?

A recent story in the Coast News highlights a situation faced by some HOAs: whether or not to permit the installation of cellular towers on Association property. In Encinitas, a

TLG Secures Injunctive Relief for HOA Client in Dana Point

TINNELLY LAW GROUP has prevailed in an Architectural Control suit for one of our clients–a HOA in Dana Point, California. The Defendant homeowner installed a window in the second floor

HOA Not Liable for Injuries Sustained by Independent Contractor

A recently decided case held that the California Occupational Safety and Health Act (Cal-OSHA) did not impose on a Homeowners Association (HOA) any duty to an independent contractor who was

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