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    Bienert Katzman Littrell Williams

    5.0 (1 review)
    Closed 8:30 am - 5:00 pm

    Services - Bienert Katzman Littrell Williams

    Bankruptcy law

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    General litigation

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    10 years ago

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    Law Offices of Tracy Ettinghoff

    Law Offices of Tracy Ettinghoff

    (10 reviews)

    In my experience, as an HOA Member, you have to take what this attorney says with a grain of salt -…read moreunless he actually cites any legal authority. He represents the HOA Board, not the members, which he told one of our members who called about his Cease and Desist letter to another member (me) to take down a private Facebook group page for neighbors. (Note: the client is supposed to be the HOA itself, as an entity, per California State Bar in Rule 3-600(A) of the Rules of Professional Conduct.) During an HOA meeting, Tracy instructed me to shut down a live-stream of the meeting when 5 members were watching it via a private Facebook group live stream. (the HOA's live stream didn't work) When I asked him to cite his legal basis, he replied "turn off your phone or leave the meeting." Tracy actually claimed I had the burden to prove that I had a right to record the meeting. However, our HOA has no Rules about recording meetings and California law deems private membership meetings as public forums for the limited purpose of free speech by the membership. (Damon v. Ocean Hills.) So recording is permissible at my HOA meetings, which anyone who can read the L.A. Times can understand. (See article titled Feel free to hit the 'record' button at board meetings) During our meeting, Tracy said nothing while a board member responded to a member's concerns by repeatedly demanding that they state their badge number, insinuating that he wasn't really a law enforcement officer. This was apparently to discredit the member, who had submitted an application to be on the ballot for the Board of Directors and advocated for people to vote "no" to the CC&R amendments. Does Tracy think that directors are meeting their fiduciary duties to members when they respond to legitimate concerns with personal attacks? Tracy also didn't correct the board's misrepresentations regarding the legal effects of their proposed changes. Many members voiced their concerns and eventually Tracy admitted that many of the changes significantly limited our property rights. But this was AFTER members had already begun voting. Even though voting is ongoing and the board extended the vote for 90 days, some members believe that this document is simply a draft. Tracy certainly implied that was the case. Many people also believed Tracy when he said we need to update our CC&Rs because they are old. There was nothing stated as to any changes that required an update and he ignored the fact that they were updated in 1995, with an amendment. People naively believed Tracy, apparently because they thought he represented them. A board member asked Tracy if they had to disclose their membership list if a member requests it. Tracy answered in a way that left the board feeling they could refuse, which they did. This is a breach of the board's fiduciary duties to the members and California law provides for $500 penalties for such blatantly illegal acts, plus attorney fees. California's "Office of the Attorney General has limited, discretionary authority to intervene on behalf of homeowners who are denied certain prescribed rights provided by the California Corporations Code" including Corp. Code, Section 8330(2), "Failure to send member list of names and addresses of members upon written request." See https://oag.ca.gov/consumers/general/homeowner_assnfor a list of laws the AG will enforce when HOAs behave improperly. Tracy added many changes that will significantly increase litigation and even added a provision that the board is advanced attorney fees for this. Basically, Tracy created documents that will enrich lawyers, take away members' freedoms in their homes (which currently are not governed by our CC&Rs), and cause more conflict in our HOA. All of this will likely reduce our property values, as no one wants to live in an overbearing HOA. At this point, I doubt this attorney has enough credibility with our members to persuade anywhere close to 75% to make any changes. He did succeed in creating interest in the HOA and removing some of the directors.

    Mr. Ettinghoff helped me successfully resolve a dispute that I had with my neighboring homeowners…read moreassociation. He is knowledgeable, responsive, and dependable. I highly recommend him.

    Bienert Katzman Littrell Williams - general_litigation - Updated May 2026

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