Understanding the Role of HOA Lawyers
Homeowners Association (HOA) attorneys are essential in ensuring the smooth operation of communities governed by HOAs. These attorneys help HOA boards navigate legal complexities, enforce governing documents, and resolve disputes, all while promoting a harmonious environment for residents. With their deep understanding of California laws and regulations, our HOA attorneys provide invaluable guidance that helps communities thrive.Advising on Governing Documents
Drafting, reviewing, and updating governing documents such as Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules are critical tasks for HOA attorneys. Clear and legally compliant documents provide the foundation for effective governance, reducing confusion and disputes. An experienced attorney can ensure these documents meet legal standards and are in your community’s best interest.Ensuring Compliance With State and Federal Laws
California HOAs are governed by a combination of state and federal laws. These include California Civil Code Section 4000-6150, which regulates governance, elections, and member rights, and the Fair Housing Act, which prohibits discrimination in housing practices. These laws are essential for ensuring fair and transparent HOA operations while protecting homeowners’ rights. Compliance helps HOAs avoid legal disputes, financial penalties, and discrimination claims. HOA attorneys assist boards in understanding and applying these laws, ensuring decisions align with legal requirements and support a harmonious community.Handling Disputes Within the Community
Conflicts between homeowners and the HOA—or even among neighbors—can disrupt the peace in a community. Our skilled HOA attorneys assist in mediating these disputes, whether they involve rule enforcement, architectural changes, or unpaid assessments. When mediation fails, they represent the HOA in court, ensuring the association’s interests are protected. Their goal is always to minimize conflict while maintaining fairness for all parties.Managing Collections and Financial Stability
Unpaid dues can place a significant financial strain on an HOA. We can assist with collections by managing legal steps such as liens, foreclosures, or other debt recovery methods while ensuring compliance with state and federal laws. Having this support is crucial to maintaining the financial health of the HOA, allowing it to provide necessary services to the community.Providing Legal Guidance on Vendor and Contractor Issues
HOAs often work with vendors and contractors for essential services, from landscaping to major repairs. Seasoned HOA attorneys at Callahan & Blaine can help ensure these contracts are clear and enforceable, reducing the risk of disputes over service quality or payment. In the event of disagreements, we can represent the HOA’s interests in negotiations or legal proceedings, protecting the community from unnecessary financial losses.Assisting With Governance and Board Operations
Governance challenges, such as election disputes or board member transitions, can arise in any HOA. Attorneys help boards follow proper procedures, maintain transparency, and address issues like conflicts of interest. Legal guidance ensures board operations are efficient and legally sound, fostering trust among members and residents.Handling Construction Defect Issues
Construction defects in HOA properties can lead to financial strain and disputes with developers. We assist in identifying legal claims, negotiating resolutions, or, when needed, pursuing litigation. This ensures the HOA can address construction issues effectively without bearing undue financial burdens.Why Choose Callahan & Blaine for Your HOA Defense
With experience as real estate attorneys representing more than 100 different homeowner associations, or HOAs, Callahan & Blaine specializes in community association law and understands the range of legal problems that community associations can encounter with homeowners, vendors, builders, maintenance contractors, municipalities and perhaps most of all, insurers. The firm assists with interpreting, amending, and ensuring adherence to governing documents, which are crucial for the legal framework of HOAs. Find out how your association can benefit from our experience with the effective resolution of contract, tort, hoa disputes, hoa fees, and insurance coverage issues in court. Contact Callahan & Blaine Orange County HOA attorneys to discuss your situation and strategic options with an AV-rated* lawyer. We’ve stood for HOAs in court as plaintiffs, defendants, and on many occasions, both. Litigation between associations and third parties can start out as relatively simple claims by one party against another, then expand as each side discovers additional causes of action or counterclaims, impleads additional defendants, or runs into insurance coverage problems for issues that didn’t come up in the original complaint. Our experience with HOA law and the successful resolution of lawsuits involving HOA’s governing documents can represent a source of confidence for our HOA clients under the fast-changing and complex fact patterns that these cases can represent. Our experience with the successful resolution of lawsuits involving homeowner associations can represent a source of confidence for our HOA clients under the fast-changing and complex fact patterns that these cases can represent. We provide specialized legal assistance and legal counsel to homeowners associations, ensuring compliance and protecting their interests.Sophisticated Litigation Strategies for HOAs
Here’s an example: Homeowners who suffered property losses in the Whittier landslides some years ago sued our HOA client for damages. Our attorneys not only successfully handled the defense of the homeowners’ claims, we also accomplished the following:- Defeated an action brought by the association’s insurer for a declaration that there was no coverage for the homeowners’ claims
- Sued the insurers for bad faith and breach of contract
- After thorough investigation, sued 10 cross-defendants under various theories of liability for the landslide losses
- Sued the insurers’ attorneys for legal malpractice and breach of fiduciary duty
Contact Us To Speak With An HOA Attorney Today
Callahan & Blaine’s homeowners’ association lawyers have national reputation for excellence. Our ability to turn a defense posture into attack represents a particular strength in any complex civil action and has proved especially valuable for our HOA clients in Orange County and Southern California. For additional information about our experience as trial counsel to homeowner associations in the region, contact our office in Santa Ana.Frequently Asked Questions
What Does an HOA Attorney Do?
An HOA attorney represents homeowners in disputes with their homeowners association, condo association, or community association. These specialized lawyers handle cases involving excessive fines, wrongful violations, selective enforcement, architectural approval denials, discriminatory treatment, special assessments, and CC&R disputes. An HOA attorney can also defend homeowners facing foreclosure for unpaid assessments, challenge improper board decisions, and pursue damages for harassment or retaliation by HOA boards. At Callahan & Blaine, our HOA attorneys have over 30 years of experience fighting for homeowners’ rights against overreaching associations. We understand California’s Davis-Stirling Act and use it to protect your property rights. Whether you’re facing unfair fines or need representation at a board hearing, we provide aggressive advocacy to resolve your HOA dispute favorably.
What Are the HOA Fine Limits in California?
California law caps HOA fines at $100 per violation under Civil Code Section 5850, unless the governing documents specify a higher amount adopted by the membership. However, associations can impose fines repeatedly for continuing violations, and some HOAs illegally exceed the $100 cap without proper authorization. The fine limit applies per violation, not per day, though HOAs often argue each day constitutes a separate violation. California also limits special assessments and requires proper notice and voting procedures for increases. If your HOA imposed fines exceeding $100 without membership approval, or if you’re being charged excessive daily fines for a single violation, these fines may be unenforceable. Our HOA attorneys review your fine notices and CC&Rs to determine if the association violated California’s fine limitations. We’ve successfully challenged thousands of dollars in improper HOA fines and can help you fight back against illegal financial penalties.
Can I Sue My HOA?
Yes, you can sue your homeowners association for various reasons including breach of fiduciary duty, selective enforcement of rules, violating the CC&Rs, failing to maintain common areas, harassment, discrimination, or wrongful fines. California’s Davis-Stirling Act provides homeowners with significant legal protections and the right to challenge improper HOA actions in court. You may be entitled to damages, injunctive relief, and recovery of attorney’s fees if you prevail. Before filing a lawsuit, California law typically requires attempting alternative dispute resolution (ADR) such as mediation, but exceptions exist for emergency situations. Lawsuits against HOAs must be filed within the statute of limitations period—typically four years for contract claims and two years for tort claims. If you’re considering legal action, contact an HOA attorney immediately to preserve your rights and evaluate your case. Our lawyers have successfully sued HOAs throughout Southern California and recovered substantial damages for wronged homeowners.
Can an HOA Attorney Represent Homeowners on a Contingency Basis?
Yes, HOA attorneys can represent homeowners on a contingency fee basis for cases involving monetary damages or where California law allows fee recovery from the association. Contingency arrangements work well for disputes involving wrongful fines, property damage from HOA negligence, breach of fiduciary duty causing financial harm, or cases where you’re seeking damages for harassment or discrimination. Under contingency agreements, the attorney receives a percentage (typically 33-40%) of any settlement or judgment obtained, and you pay nothing if the case is unsuccessful. This arrangement removes financial barriers to legal representation and aligns the attorney’s interests with yours. However, not all HOA matters are suitable for contingency—simple document reviews, architectural approvals, or board hearing representation typically require hourly or flat fees. California’s “prevailing party” statute allows successful homeowners to recover attorney’s fees from the HOA in many cases, which can make even hourly representation cost-effective. Contact our office to discuss whether contingency representation makes sense for your specific HOA dispute.
What Is Selective Enforcement by an HOA?
Selective enforcement occurs when an HOA inconsistently applies rules and regulations, enforcing violations against some homeowners while ignoring identical violations by others. This discriminatory practice violates California law and the association’s duty to treat all members fairly and equally. Common examples include fining one owner for parking violations while allowing board members to violate the same rules, enforcing architectural guidelines against certain homeowners but not others, or pursuing collections against some owners while writing off debts for favored members. Selective enforcement can form the basis for a lawsuit against your HOA, especially if the discriminatory treatment appears motivated by personal conflicts, retaliation, or discrimination based on protected characteristics. To prove selective enforcement, you’ll need evidence showing similar violations by other homeowners that went unpunished. Our HOA attorneys investigate selective enforcement claims by reviewing board meeting minutes, violation notices issued to other owners, and photographic evidence of unenforced violations. We’ve successfully defended numerous homeowners against fines and violations based on selective enforcement defenses.
How Do I Fight an HOA Fine in California?
To fight an HOA fine in California, immediately request a hearing before the board in writing within the deadline specified in your fine notice (typically 15 days). Prepare a written response explaining why the fine is improper, citing specific CC&R provisions, and including supporting evidence like photos, timestamps, or witness statements. Attend the hearing and present your case calmly and professionally, bringing all documentation. If the board upholds the fine, appeal to the full membership if your governing documents allow, or request internal dispute resolution (IDR) through the association. If informal resolution fails, contact an HOA attorney about filing a small claims action (for fines under $10,000) or pursuing alternative dispute resolution. California law prohibits HOAs from reporting unpaid fines to credit bureaus or filing liens based solely on fines, though they may pursue other collection actions. Never ignore HOA fines—defending your rights early prevents escalation and protects your property. Our HOA attorneys can represent you at board hearings, negotiate with the association, or pursue litigation if necessary to eliminate wrongful fines.
What Rights Do Homeowners Have Against Their HOA?
California homeowners have extensive rights against their HOAs under the Davis-Stirling Act, including the right to review association records, attend board meetings (except closed sessions), vote on major decisions, receive proper notice of meetings and rule changes, and fair treatment in enforcement actions. You have the right to due process before fines are imposed, including written notice and an opportunity to be heard. Homeowners can challenge arbitrary or discriminatory board decisions, sue for breach of fiduciary duty, and demand the HOA properly maintain common areas. California law protects your right to display certain flags, install solar panels, use drought-tolerant landscaping, and rent your property subject to reasonable restrictions. You’re entitled to request dispute resolution and may recover attorney’s fees if you prevail in legal action against the association. The HOA cannot retaliate against you for exercising your rights or reporting violations. Understanding your rights is crucial when dealing with HOA disputes—our attorneys help homeowners assert these protections and hold associations accountable when they overstep their authority.
