Sue Your HOA - Lubin Pham + Caplin LLP

Aggressive Attorneys Representing California Homeowners

You’ve made one of the most difficult decisions people ever make — the decision to protect their rights. But now what? Well, you’ve come to the right place. We’re on your side and we’re here to help you hold your HOA accountable. We’ll guide you through the process.

We’re smart, aggressive, effective attorneys and we’ve helped many homeowners in California win the toughest cases. Whether you are ready to engage with us or not, here’s some candid advice on how to best initiate a dispute.

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+ A Demand Letter Has No Teeth

Most attorneys suggest sending a traditional cease and desist or demand letter. That normally begins an informal negotiation. But in an HOA dispute, a cease and desist letter has no teeth. The HOA can ignore the letter without any consequences. Worse, they may pretend to negotiate for months or even years but ultimately do nothing. Then you’re back to square one. So, while a “demand” letter may be effective for traditional disputes, it is typically ineffective in a heated HOA dispute, especially when the stakes are high. Instead, you should utilize some of the following tools that the Davis-Stirling Act offers.

+ Informal Dispute Resolution

One of the special procedures to help resolve your dispute with your HOA is a process called “Informal Dispute Resolution” or “IDR.” The law requires HOAs to provide a “fair, reasonable, expeditious procedure” for resolving disputes between itself and its members. Essentially, both you and the HOA can ask each other for an informal meeting to discuss and try to resolve your disputes. You’re allowed to have your attorney there. The HOA can have its attorney there too. While you can refuse the HOA’s request, the HOA cannot refuse your request. If you settle, the settlement has to be in writing and signed by both you and your HOA. While IDR is typically more effective than a normal cease and desist letter, it is not always the most effective course of action. More importantly, if you’re here, it’s because your HOA has been completely unreasonable. So, the chances that an informal meeting will magically resolve your dispute are slim to none.

+ Alternative Dispute Resolution

There are two types of ADR in California: mediation and arbitration.

Arbitration is a forum in which an arbitrator acts as both judge and jury. It’s basically a private, for-profit court.

Mediation, on the other hand, is not a trial or hearing, there is no judge, no jury, or no arbitrator. Instead, it is a formal meeting at which the parties share their side of the story and try to reach a settlement. But most importantly, participating in ADR creates the opportunity to recover your attorneys’ fees against the HOA.

Unlike IDR, the law has special requirements on how to start the ADR process. If you don’t do it right, the HOA has no obligation to go to ADR, and you may lose your right to recover attorneys’ fees or, even worse, automatically lose your case in court.

+ Litigation

If you have to file or defend a lawsuit, don’t do it yourself. No reasonable lawyer would ever tell you to do so. In fact, most lawyers wouldn’t even represent themselves. Litigation is complicated, time-consuming, and failure to precisely follow the rules can have dire consequences. In other words, it’s a full-time job. It’s our job.

+ Choose the Right Lawyer

Few attorneys know HOA law. And most HOA attorneys represent the HOA. It’s their job to ensure your HOA outguns you. Don’t let them. Hiring inexperienced or ineffective counsel for your HOA dispute is often an expensive mistake.

We know HOA law, but we’re on your side. We’ve successfully represented countless homeowners against their HOAs. We’ll help you choose the right approach and put you in the best position to get what you want.

A Demand Letter Has No Teeth

Informal Dispute Resolution

Alternative Dispute Resolution

If your HOA is entirely unreasonable, or if you’re looking to bring out the big guns, it may be best to explore alternative dispute resolution or “ADR”. In many cases, the law requires you and the HOA to try ADR before filing a lawsuit in court to enforce the CC&Rs. And failing to engage in ADR may mean an automatic loss.

There are two types of ADR in California: mediation and arbitration.

Arbitration is a forum in which an arbitrator acts as both judge and jury. It’s basically a private, for-profit court.

Mediation, on the other hand, is not a trial or hearing, there is no judge, no jury, or no arbitrator. Instead, it is a formal meeting at which the parties share their side of the story and try to reach a settlement. But most importantly, participating in ADR creates the opportunity to recover your attorneys’ fees against the HOA.

Unlike IDR, the law has special requirements on how to start the ADR process. If you don’t do it right, the HOA has no obligation to go to ADR, and you may lose your right to recover attorneys’ fees or, even worse, automatically lose your case in court.

Litigation

If all else fails, you can file a lawsuit against your HOA. The process of prosecuting or defending a lawsuit is called litigation, and litigation is what you see on T.V. and in movies. It involves depositions, written discovery, motions, oral argument, and may ultimately culminate in a trial with a judge and jury. It’s expensive and it’s time-consuming. But sometimes you have to. Your HOA leaves you with no other option.

If you have to file or defend a lawsuit, don’t do it yourself. No reasonable lawyer would ever tell you to do so. In fact, most lawyers wouldn’t even represent themselves. Litigation is complicated, time-consuming, and failure to precisely follow the rules can have dire consequences. In other words, it’s a full-time job. It’s our job.

Choose the Right Lawyer

There is no one-size-fits-all approach to a legal dispute. Whether you should do IDR, ADR, or go straight to litigation depends entirely on the facts of your case. That’s why the most important thing you can do is to choose the right lawyer. The right lawyer can give you the right guidance. The right lawyer can develop the right plan. The right lawyer can be the difference between winning and losing.

Few attorneys know HOA law. And most HOA attorneys represent the HOA. It’s their job to ensure your HOA outguns you. Don’t let them. Hiring inexperienced or ineffective counsel for your HOA dispute is often an expensive mistake.

We know HOA law, but we’re on your side. We’ve successfully represented countless homeowners against their HOAs. We’ll help you choose the right approach and put you in the best position to get what you want.

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This website, and its contents, conveys general information about Lubin Pham + Caplin LLP. It should not be relied upon as legal advice. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Lubin Pham + Caplin LLP does not sponsor, endorse, verify, or warrant the accuracy of the information found at external sites or subsequent links.

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