Greetings!
This Community Association Update is an example of our commitment to providing the highest quality legal services to our clients and industry partners. If your company or Association would like to see a topic or issue covered in future editions, feel free to call our offices, email us, or submit a question online! |
| Sincerely,
Steven J. Tinnelly, Esq.
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New Resource: "Association Repair and Renovation Loans"
Issues and concerns relating to borrowing by an Association
As communities mature, the need for major repairs or renovations can become a major concern. Often because of unforeseen problems or insufficiently funded reserves, associations are not capable of funding the necessary repairs immediately. In order to avoid a piecemeal repair effort in such situations, or the possibility of additional problems arising from the postponement of the repairs, it may become necessary for an association to borrow money. Fortunately, many banks have recognized this need and are willing to lend to associations for major repairs and renovations.
We have published a resource addressing some of the more frequently asked questions and important issues relating to association borrowing, such as the common reasons for borrowing, what a bank uses for collateral, and what effect the loan has on individual homeowners.
Click here to read our resource entitled:
"Association Repair and Renovation Loans"
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New Resource: "Challenges to Association Elections: Facts and Consequences"
The Who, What, When and Why of Election Disputes
Electing a Board of Directors to manage the Association is a complex and time consuming process. Despite the best of intentions, sometimes things slip through the cracks, whether it's the qualifications of someone on the ballot or the manner in which votes are collected and tallied. When this occurs, the appointment of a specific director or the election as a whole can be challenged by a member.
We have published a new resource discussing the basics of such a challenge, including who has standing to bring a challenge, when a challenge can be brought, and how such a challenge can affect the Association.
Click here to read our resource entitled:
"Challenges to Association Elections: Facts and Consequences"
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New Resource: "Rogue Directors: Battling Bad Behavior"
Measures for Dealing with Improper Director Conduct
Serving as a Director on your HOA's Board can be a frustrating and thankless job. Raising assessments, enforcing the governing documents, and taking other potentially unpopular actions can lead to disputes and charged emotions. Despite that fact, Directors, as representatives of the Homeowners Association, must conduct themselves in an appropriate manner. Overly aggressive or inappropriate behavior by a rogue Director or officer can give rise to liability for both the Association and the Board.
We have published a new resource addressing the mechanisms available to safeguard against liability in such situations and, if necessary, to have the rogue Director removed.
Click here to read our resource entitled:
"Rogue Directors: Battling Bad Behavior "
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Playa del Rey
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Redwood City
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Irvine
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Be sure to check out the TLG Blog!
Our blog is updated weekly with mini articles on an array of community association topics and new case law. We encourage HOA boards, homeowners and management to send us questions online for our attorneys to answer on our blog.
To get updated when a we publish a new post, be sure to like us on facebook!
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TINNELLY LAW GROUP
Your Community. Your Counsel.™
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Association Repair & Renovation Loans
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"Associations opt to borrow the money needed to fund the projects instead of levying what can be a substantial and unfeasible special assessment on its members."
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Challenges to Association Elections
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"... a challenge to an election may be brought anytime within nine (9) months of the election."
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Rogue Directors
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"... the primary focus ... should be to establish a record of disapproval."
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