TINNELLY LAW GROUP’S
The latest updates on HOA legislation, case law, news, insights and practical guidance for community associations – written by our expert attorneys.
The recent, unpublished opinion in Radell v. Park Wilshire Homeowners Association (2011) illustrates the importance of fully complying with prescribed HOA enforcement procedures.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 Willshire Bark Homeowners Association (“Association”) Board of Directors (“Board”) “committed
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 resale of foreclosed and defaulting residential properties. A press release
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, and potentially harmful, reforms to the ways in which HOAs
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 members to pay assessments on a regular and timely basis.
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 on the largest solar water heating project in the state
*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 transferred by Grant Deed to the named Trustee many years
*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 Member recently submitted a question on our site asking what
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 the state violated the constitutionally property rights of the property
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 enforce that lien through foreclosure. After the foreclosure sale, California
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 HOA Board is supporting a ballot measure that would grant
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 bedroom of his residence which overlooked his neighbor’s bathroom, patio
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 injured in a fall while servicing AC units on rooftops
It’s our privilege to welcome Soleil Aliso Viejo Homeowners Association to Tinnelly Law Group’s growing family of HOA clients. Soleil is a condominium association located in the coastal community of Aliso Viejo. Residents enjoy a community playground and panoramic views
We have just passed the two-year anniversary of California Civil Code 4515. This is the law that protects certain rights of members and residents to political speech and peaceful assembly within California community associations. With election season in full swing,
It’s our privilege to welcome Parkview Terrace Owners Association to Tinnelly Law Group’s growing family of HOA clients. Parkview Terrace is a brand new community of single-family homes by KB Home in San Diego. Residents will enjoy a plethora of
It’s our privilege to welcome Meadow Park Community Association to Tinnelly Law Group’s growing family of HOA clients. Meadow Park is a brand new condominium community by William Lyon Homes in Claremont. Residents will enjoy a large great lawn at
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