Don’t Let A Bad HOA Destroy Your Property Value
HOA Disputes & Homeowner Representation
We represent homeowners against bad HOAs.
From Davis-Stirling Act violations to harassment and discrimination.
Protect Your Investment
An HOA should be a huge benefit to the community it serves. It can ensure aesthetic harmony, coordinate maintenance, and otherwise assist homeowners. Some HOAs achieve this. We hope and wish they all did.
But many HOAs fail at one or more aspects of their purpose. Many are run incompetently. Board members may neglect their fiduciary duties and ignore the HOA’s governing documents. In fact, they may not even know what the governing documents mean, even if they read them all. Worse, some HOAs and board members wield their considerable power against homeowners.
Traditionally, homeowners had little recourse against such malicious actions. The consequences can be devastating. Your property value may go down. You may be unable to resell your home and recoup all of your hard-earned investment. You may face fines, liens, or even foreclosure.
You can’t let them steamroll you. You have to fight back. But you don’t have to do it by yourself. You can hire an aggressive law firm that knows the ins and outs of HOA law, like the Davis-Stirling Act. And that law firm can vehemently fight for your rights.
We are that Firm. We’re here to help homeowners fight back against bad HOAs. We’re here to stop the HOA’s harassment and lift the HOA’s oppression.
Davis-Stirling Act Violations
-
Election violations
-
Failure to allow access to records
-
Reserve study violations
-
Failure to comply with Open Meeting laws
How your HOA functions is strictly regulated under a California Law called the Davis-Stirling Act. If you think your HOA isn’t following the law, isn’t holding elections properly, isn’t giving you access to records, isn’t holding enough money in reserve, isn’t giving proper notice of its meetings, or is committing any other violation, it may be up to you to enforce the law. We may be able to help you do that.
Failure to Maintain and/or Repair
-
Roof damage
-
Exterior and siding damage
-
Failure to paint
-
Termite tenting/abatement
-
Upkeep of amenities (e.g., pools, tennis courts, clubhouses, etc.)
In most cases, the HOA has maintenance obligations. The HOA’s maintenance obligations can include the roof, exterior siding, paint, termite and pest abatement, tree trimming, and the upkeep of community amenities (pools, tennis courts, clubhouses, etc.). If your HOA is letting its obligations go, we can help you make it right.
CC&R or Other Governing Document Violations
-
Architectural provisions
-
Pet restrictions
-
Short-term rentals
-
Solar-panels
-
Accessory Dwelling Units (e.g., ADUs, mother-in-law suites, or granny units).
Most HOA board members aren’t lawyers. The property management companies they hire aren’t either. They may think they know how to interpret the CC&Rs correctly, but they don’t. If you have a dispute about a CC&R provision or the rules and regulations, like architectural approval, pet restrictions, short-term rentals, solar-panels, or Accessory Dwelling Units (such as mother-in-law suites and granny units), we can help you set your HOA right.
HOA and/or Neighbor Harassment
-
Failure to conduct a proper investigation
-
Failure to comply with notice and hearing requirements
-
Excessive fines (including late fees, and attorney’s fees)
-
Nightmare neighbors.
We all hope that our neighbors and our HOA are reasonable. Sometimes they are. Many times they aren’t. If your neighbor or your HOA is harassing you, such as by levying fines, trespassing on your property, being nuisances, or failing to conduct proper investigations and issuing fines without proper notice and hearing, we can help you fight back. Don’t let them step all over your rights as a homeowner!
Common Area Disputes
-
Exclusive use maintenance and repair obligations
-
Refusal to repair patios and balconies
-
Refusal to be accountable for common area plumbing leaks
-
Shared-wall disputes
-
Foundation repair
-
Failure to maintain slope or repair associated damage.
Who is supposed to maintain the roof? Who is responsible for fixing that pipe leak? Who is going to fix the crack in the foundation? Who is responsible for making sure the slope doesn’t turn into a fire hazard? If it’s expensive, the HOA never wants to pay for it. But in many cases, it isn’t your obligation! Don’t pay more than you have to. Let us help you determine who is responsible.
Selective Enforcement of the Governing Documents
-
Preferential treatment
-
Ignorance of specific rules
-
Harassment
The HOA just issued you a fine for parking along the curb. Your neighbor parks along the curb all the time. Your HOA may be illegally singling you out for enforcement. The longer you let it go on, the worse it’s going to get. Owning a home in an HOA shouldn’t mean giving up all your rights. Let us help you fight back!
Breach of Fiduciary Duties
-
Misuse of HOA funds
-
Inappropriate vendor/contractor bidding and selection
-
Preferential treatment of Board members
-
Self-dealing
-
Diminished property values.
With great power comes great responsibility. The HOA owes fiduciary duties to you and board members owe fiduciary duties to the HOA. But not everyone takes their duties seriously. They may misuse HOA funds, select inappropriate contractors, treat board members differently, or use the HOA to profit. Don’t let them get away with it. Let us help you make things right.
Negligence
-
Failure to comply with Davis-Stirling
-
Failure to repair and maintain common area
-
Property damage
-
Misuse of HOA funds
-
Etc.
The HOA is supposed to be careful. The HOA’s property management company is supposed to be careful. But they’re not always careful. They may violate the Davis-Stirling act, neglect maintenance duties, or even damage your property. Don’t let their negligence affect your property value. We can help you hold them accountable.
Other Practice Areas
Real Estate Litigation
Real estate is an enormous investment. Being on the bad end of a real estate deal can be devastating. But the right attorneys can make all the difference.
Business Disputes
We’ll help you protect your biggest asset: Your Business. From preventing liability to active litigation, we’ll help you navigate the legal waters from one success to the next.
Construction Defect
Construction is stressful. It’s even worse when your contractor or developer botches the job. Don’t go it alone. Let us help you fight your construction battle.
Get Educated
Our Proprietary Law Library
Our collective experience tackling countless disputes covers every facet of real estate law. We’ve distilled that experience into a searchable virtual “law library.” Whether you are ready to engage us or not, these answers will help you better understand your rights.