Homeowners associations carry real legal responsibility, and the board that governs a community can face disputes with homeowners, vendors, builders, municipalities, and insurers, often several at once. When those matters move toward litigation, an association needs counsel that can both advise the board day to day and try a case when the situation demands it.
Callahan & Blaine, PC represents homeowners associations throughout Orange County and Southern California, advising boards on governance and defending associations in litigation. Since 1984, civil trial practice has been the center of what the firm does, and that trial capability is what distinguishes the representation when an association dispute cannot be resolved through negotiation. To see how association work fits within the firm’s broader courtroom practice, explore our civil litigation practice areas.
Understanding the Role of an HOA Attorney
An attorney who represents a homeowners association helps the board operate the community within the law, enforce its governing documents, and resolve the disputes that inevitably arise in shared ownership. That work combines steady advisory counsel with the ability to litigate when a matter escalates. The following areas describe how the firm supports association boards.
Governing Documents
Drafting, reviewing, and amending Covenants, Conditions, and Restrictions, bylaws, and rules so the documents that form the legal foundation of the community are clear, enforceable, and compliant with California law.
Compliance With State and Federal Law
Guiding boards through the Davis-Stirling Common Interest Development Act, California Civil Code sections 4000 through 6150, and the Fair Housing Act so association decisions on governance, elections, and member rights align with legal requirements.
Community Disputes
Representing the association in disputes over rule enforcement, architectural decisions, and assessments, working toward resolution where possible and defending the association in court when it is not.
Assessment Collection
Recovering unpaid assessments through liens, foreclosure, and other lawful collection methods that protect the financial stability an association needs to serve its members, in compliance with state law.
Vendor and Contractor Matters
Reviewing and enforcing contracts with landscapers, managers, and repair contractors, and representing the association in negotiations or litigation when a vendor dispute threatens the community with financial loss.
Governance and Board Operations
Advising on election procedures, board transitions, conflicts of interest, and open-meeting requirements so board operations remain transparent, orderly, and legally sound.
Associations also face claims arising from construction defects in common areas and shared structures. The firm identifies the available legal claims, negotiates with developers and builders, and pursues construction litigation where necessary, so an association can address serious property problems without absorbing costs that belong to the responsible party. California’s Department of Real Estate publishes guidance on common interest developments that boards may find useful as background, available through the California Department of Real Estate.
With decades of courtroom success across California, our attorneys are prepared to fight for the outcome you deserve.
Why Associations Choose Callahan & Blaine, PC for HOA Defense
With experience as real estate attorneys representing more than one hundred homeowners associations, Callahan & Blaine, PC understands the range of legal problems that community associations encounter with homeowners, vendors, builders, maintenance contractors, municipalities, and insurers. The firm assists with interpreting, amending, and ensuring adherence to governing documents, which form the legal framework of an association.
The firm has represented associations in court as plaintiffs, as defendants, and often as both in the same matter. Litigation between an association and a third party can begin as a straightforward claim and then expand as each side discovers additional causes of action or counterclaims, brings in additional defendants, or runs into insurance coverage problems that were not part of the original complaint. The firm’s experience with association law and with the resolution of these multi-party disputes allows it to anticipate that expansion and position the association for the strongest available outcome.
Sophisticated Litigation Strategies for HOAs
Here’s an example of our approach in action: homeowners who suffered property losses in the Whittier landslides sued our HOA client for damages. Our attorneys not only successfully handled the defense of the homeowners’ claims, but we also took the following steps on behalf of our HOA client:
- 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
This example illustrates the comprehensive, multi-front approach Callahan & Blaine, PC brings to HOA litigation, ensuring every avenue of recovery or defense is pursued on the association’s behalf. The firm’s depth in insurance and coverage law is central to this approach, because association disputes so often turn on whether a carrier will honor its obligations.
Meet the Callahan & Blaine, PC Team
Association litigation rewards judgment developed over decades of trying difficult cases. Edward Susolik serves as CEO, President, and a Senior Trial Attorney of Callahan & Blaine, PC, and leads the firm’s complex commercial and insurance practice. He has represented clients and their insurers across a wide range of high-stakes disputes and has been named to the Super Lawyers list of the Top 100 Attorneys in Southern California for many consecutive years.
Edward Susolik
CEO, President, and Senior Trial Attorney, Callahan & Blaine, PC
Mr. Susolik leads the firm’s complex business and insurance practice and has represented associations and their carriers in litigation throughout his career. He brings a trial lawyer’s perspective to every association matter the firm handles, preparing each case as though it will be decided by a judge and jury.
Mr. Susolik works alongside a firm of accomplished attorneys whose combined experience spans complex commercial, insurance, real estate, and construction matters. That breadth allows the firm to assemble the right team for an association dispute and to address the related issues, from insurance coverage and real estate litigation to contract and governance questions, that these matters frequently involve.
Contact Callahan & Blaine, PC to Speak With an HOA Attorney
With decades of experience representing homeowners associations across Orange County and California, the attorneys at Callahan & Blaine, PC are prepared to handle the full range of association legal matters, from a complex dispute to guidance on governing documents to litigation representation when a matter proceeds to court. Callahan & Blaine, PC represents associations throughout Orange County and Southern California. To discuss your association’s situation, please use our online contact form and a member of our team will follow up with you.
Frequently Asked Questions About HOA Law in Orange County
What does an attorney for a homeowners association do?
An attorney who represents a homeowners association advises the board on the day-to-day legal questions of running a community and represents the association when a dispute arises. That work includes drafting and enforcing governing documents, ensuring compliance with the Davis-Stirling Act and other applicable law, collecting unpaid assessments, managing vendor and construction matters, and defending the association in litigation brought by homeowners or third parties. The goal is to keep the association operating lawfully while protecting it when a matter moves toward court.
What is the Davis-Stirling Act?
The Davis-Stirling Common Interest Development Act is the body of California law that governs homeowners associations and other common interest developments. It sets the rules for governance, elections, member rights, assessments, dispute resolution, and the enforcement of governing documents. Because so many association decisions are measured against the requirements of this Act and the related sections of the California Civil Code, boards benefit from counsel who can confirm that their actions comply with it.
How can an association collect unpaid assessments?
Assessments fund the services an association provides, and California law gives associations several tools to collect them, including recording a lien against the delinquent owner’s property and, in appropriate cases, pursuing foreclosure. These remedies are subject to strict notice and procedural requirements, and a misstep can expose the association to liability. The firm manages the collection process so the association recovers what it is owed while remaining in compliance with the law.
What happens when a homeowner sues the association?
When a homeowner brings a claim against the association, the board needs counsel that can evaluate the claim, coordinate with the association’s insurer, and defend the matter through litigation if it is not resolved. These disputes can broaden quickly, drawing in coverage questions and additional parties, so an early and thorough assessment matters. The firm defends associations against homeowner claims and works to resolve them on terms that protect the community.
Can an association pursue a construction defect claim?
Yes. When defects in common areas or shared structures cause damage or reduce the value of the community, an association may have claims against the developer, the builder, or the contractors involved. These matters often intersect with insurance coverage and require careful investigation to identify every responsible party. The firm evaluates the available claims, negotiates with the responsible parties, and pursues construction defect litigation on the association’s behalf when necessary.
