TLG Secures Favorable Settlement and Obtains a 100% Attorneys’ Fees Award for HOA Client in Fullerton
The Tinnelly Law Group has secured a favorable settlement in a breach of contract case for one of our HOA clients located in Fullerton, California. The Defendant security company entered into a contract with the HOA to install an integrated entry gate system for several streets leading into and out of the community. Shortly after […]
Arbitration Provisions Rise Again in Construction Defect Disputes
*New Case Law On August 16, 2012 the California Supreme Court announced its decision in a case that will undoubtedly impact homeowners associations (“HOAs”), developers, owners and insurers in disputes arising from construction defects. The ruling in Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC sets the stage for construction defect disputes to […]
Protecting HOA Members’ Easement Rights in Disputes with Developers
*New Case Law Homeowners Association (HOA) developers often reserve certain easement rights for the benefit of the HOA’s members. Such easement rights typically extend over common areas but may also extend to adjoining properties which are not included within the actual HOA development. When those easement rights are threatened or infringed, the recent case of […]
Homeowners Association Risk in Hiring Unlicensed Contractors
*Asked & Answered Asked – What effects does hiring an unlicensed contractor bear on a HOA? Answered – In accordance with the Contractors State License Board, it is illegal for an unlicensed contractor to perform work on any project that exceeds $500 or more in labor and materials. A Homeowners Association (HOA) that hires an […]
HOA Obligation to Combat Nuisances?
*Asked & Answered Asked – In response to a complaint by a homeowner that her noisy neighbor is causing a nuisance, is her homeowners association obligated to take legal action to remedy the problem? Answered – Maybe. A homeowners association’s (HOA’s) governing documents often contain use restrictions which prohibit homeowners from conducting activities that unreasonably […]
HOA Liability for Third Party Criminal Acts
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, […]
Fighting Battles on Behalf of their Members: HOA Standing in Lawsuits with Third Parties
*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 […]