Newsletters – Tinnelly Law

THE COMMUNITY ASSOCIATION UPDATE

Our firm distributes the ‘Community Association Update’ to track recent developments in HOA law and to respond to issues raised by our clients and their management. If you have a topic or issue you would like to see covered in future editions, please click here to send us a question.

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Issue #59

Email Discussions Between Board Members are not “Meetings”; HOA Volunteers Covered for Injuries; HOA Insurance Canceled Due to Risk of Wildfires; Court Steps in to Force Recalled Board to Step Down

Issue #58

Paying for Increases in your HOA’s Insurance Premiums; Solar Panels on Shared Roofs; Deceased Delinquent Homeowners; Photographic Evidence of Violations; Directing Questions from Potential Homebuyers

Issue #57

Annual HOA Legislative & Case Law Update
(2022-2023)

Issue #56

Should HOA Interfere with Parental Rights?; Retain HOA Counsel Through Insurance Claims; “Evergreen” Clauses & Self-renewing Contracts; Non-Complete Clauses

Issue #55

Combatting Unlawful Harassment with Restraining Orders; What the Click? Backyard Chickens in HOAs; Impact of Homeowner Bankruptcy Discharge on Collections; Determining Reasonable Fines

Issue #54

Unmasking your HOA’s Common Areas; Conflicts of Interest; Management & Attorney-Client Privilege; Adjourning Annual Meetings; Reconsidering Approved BOD Motions; Restricting Parking on Public Streets

Issue #53

Annual HOA Legislative & Case Law Update
(2021-2022)

Issue #52

AB 1101 Signed!; AB 502 Signed! Board Elections by Acclamation; HOA Slope Movement/Failure; Due Process Regarding an Association’s Disciplinary Procedures; Does Our Association Have View Rights?

Issue #51

SB 9 Signed! Statewide Re-zoning of Single-Family Neighborhoods & Urban Parcel Splits; Removal of Common Area Amenities; Recall Petitions; Court Confirms not Everyone is Entitled to a Protected View;

Issue #50

California is Reopening; Recall Election Timelines in the Wake of SB 323; Hostile Homeowner Harassment; Membership Notification of Potential Issues;

Issue #49

Re-Opening HOA Facilities; Addressing Neighbor-to-Neighbor Disputes; Property Damage Claim and Liability Coverage/Denial; Request for Installation of Accessory Dwelling Units;

Issue #48

Annual Legislative & Case Law Update

Issue #47

California Further Limits HOA Rental Restrictions; Political Signs; Debt Collection Licensing Act; Force Majeure; Insurance Coverage Denial & Bad Faith Claims

Issue #46

Your County is off the COVID Monitoring List…Don’t Open the Gym Just Yet!; Protecting Members’ Contact Info; Branches Decision Overturned; ESAs in the Pool; HOA Contract Review

Issue #45

Opening Common Area Amenities Post-COVID; Protecting HOA Decisions; Must HOAs Sue Homeowners for Violations?; Can HOAs Prohibit Smoking in Units?

Issue #44

Assessment Collection During the Pandemic; A Member Tested Positive for COVID-19; Dog Parks; Overzealous Board Members; Limitations on Political Speech

Issue #43

2020

Annual Legislative & Case Law Update

Issue #42

Should HOAs use Drones? Regulating HOA Social Media; New Family Day Care Laws; New Balcony Inspection Laws; Ambiguous ARC Restrictions; Children-specific Rules

Issue #41

New HOA Election Laws; Homeowner Security Devices; Display of Religious Items; Vendor Relationships; Lender Rights

Issue #40

Non-Judicial Collection Firms & FDCPA; HOA Hazard Insurance Policies; Broad Reach of Nuisance Prohibitions; Court Upholds Pre-Litigation Arbitration Clause

Issue #39

Workplace Harassment in HOAs; Voter Apathy & CC&R Amendment Petitions; Arch. Variances; Courts Defer to Good Faith Decisions; Limits on Anti-Slapp Protections

Issue #38

2019

Annual Legislative & Case Law Update

Issue #37

Water Damage Claims; Sticks and Stones; CC&Rs and Condo Plan Trump Deed; HOA Short-term Rental Rules; Solar Panels on Common Area Roofs

Issue #36

Updating CC&Rs; NLRB & Joint-Employer Liability; HOA Retain Photo IDs?; Attorney’s Fees for Interim Injunctive Relief

Issue #35

2018

Annual Legislative & Case Law Update

Issue #34

AB 690 – Management Disclosures; AB 534 – Notice of Lien Claims; Reasonable Rent Restrictions; Business Judgment Rule; End of Drought

Issue #33

Legalized Marijuana; ‘No Cost’ Collections Can Prove Very Costly; Pre-Lien Demands and FDCPA Concerns; Access to Membership List for a Proper Purpose

Issue #32

2017

Annual Legislative & Case Law Update

Issue #31

Business Judgment Rule Does Not Protect the “Willfully Ignorant”; Employees of Independent Contractors; HOA Assessments Become Tax Deductible?

Issue #30

Vetting HOA Vendors & their Contracts; Simplified FHA Recertification; Homeowner Attorneys at HOA Board Meetings; Sober Living Homes in your HOA?

Issue #29

2016

Annual Legislative & Case Law Update

Issue #28

New FHA/VA Disclosures; Avoiding Claims of “Selective Enforcement”; Occupancy Limitations and HOAs; Increased Maintenance Requirements for HOA Pools

Issue #27

Judicial Deference: Renter Fees; Hardwood Flooring & ‘Nuisance’ Noise; Attorney’s Fees Awards; Irrigation Activities; Personal Food Gardens

Issue #26

2015

Annual Legislative & Case Law Update

Issue #25

Exclusive Use Common Area; Attorneys at IDR; Low-water using Plants; Watering During Droughts; Liability on Nuisance Grounds; New Annual Disclosures

Issue #24

Inspection & Copying of HOA Records; Fining for Failure to Water; Motorized Scooters in Common Areas; E-Cig Restrictions; Non-resident Access

Issue #23

HOA Standing to Sue Developer over Parking Rights; Attorney-Client Privilege in CD Litigation; Community Website for our HOA?; Unruly Tenants

Issue #22

Compliance with Pesticide Regulations; “No-Cost” HOA Collection Companies; ‘Maid-Unit’ Rent Restriction; HOA Committee Meetings Open to the Membership?

Issue #21

2014

Annual Legislative & Case Law Update

Issue #20

Tendering Lawsuits Brought Against the HOA; HOA Election Rules for Director Qualifications; Commercial CID Act; HOA Managers Not “Contractors,” But Beware…

Issue #19

Who may Attend Board Meetings on an Owner’s Behalf?; HOA Collection Procedures; Equal Access During HOA Election Campaigns; Delay in ADR Scheduling

Issue #18

HOA Reserve Accounts & Reserve Studies; AB 2237 – Contractor Licensing Law; Restrictions on Companion & Service Animals; Artificial Grass

Issue #17

Pre-Litigation Attys’ Fees; Liability for Design Professionals; Responding to Requests for Accommodation; HOA Gets ‘Smoked’ in Nuisance Enforcement Case

Issue #16

2013

Annual Legislative & Case Law Update

Issue #15

Collections Fee in “No-Cost” Contracts; Attorneys’ Fees in HOA Election Disputes; Resecuring HOA Assessment Streams; FHA Revisions to Condo Approval Guidelines

Issue #14

Davis-Stirling Reorg. Bills Signed!; Contracting with HOA Vendors; Arbitration Provisions in CD Disputes; Assessments for Exclusive Use Common Area Maintenance

Issue #13

Committees: Delegating Authority for Efficiency; Disabled Residents and the Law; Protecting HOA Members’ Easement Rights; HOA Risk in Hiring Unlicensed Contractors

Issue #12

HOA Repair and Renovation Loans; Challenges to HOA Elections; Rogue HOA Directors: Battling Bad Behavior

Issue #11

EV Charging Stations; HOA Standing in Lawsuits with Third Parties; HOA Surveillance Cameras; Owner Bankruptcies

Issue #10

2012

Annual Legislative & Case Law Update

Issue #9

SB 563 – Board and their Business; Requiring Boards to Sign ‘Ethics Rules’; New Case Law: Statements about Board Candidates are Privileged

Issue #8

Legislative Updates: Rental Restrictions; EV Charging Stations; Artificial Turf

Issue #7

New Case Law: Recovering Repair Costs after Redemption; Asked & Answered: Short Sales; Trust Beneficiaries

Issue #6

Independent Contractor Liability; HOA Anti-SLAPP Motions

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