Need HOA Lawyer Recommendations

Started by LynnS6 • 12 replies • 2094 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LynnS6 (California)
Posts: 11

Posted:

We are in need of a lawyer who will represent homeowners and who is well-versed in the HOA laws of California including Davis-Stirling, Corporations Code, etc. I have contacted a couple of lawyers but they only represent Associations and not homeowners. Our current board has breached their fiduciary duties and violated several civil codes and are blocking a recall. We are in Orange County, CA. Thank you for your help.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Lynn:

Here is a link to the Davis-Stirling for your information:

http://www.davis-stirling.com/MainIndex/DavisStirlingAct/tabid/427/Default.aspx#axzz1mIRvqtf0

You are vague in your posting so I am not sure what you may be asking. However, we are not attorneys and only homeowners who post based on our knowledge and experience in order to potentially help others. When you state breach of fiduciary duty this can encompass many situations within an HOA.

LynnS6 (California)
Posts: 11

Posted:

I'm sorry I wasn't clear. I am not asking for advice, (and that is why I was a bit vague), I'm asking if anyone knows of a good lawyer in southern california that could help us with a board that is ignoring the recall petition. I don't know if they are members of this forum so I don't want to disclose too much about our situation. We are very familiar with Davis-Stirling but thank you for the link anyway.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If you go to court and hire a lawyer your best bet is to make this a class action type suit. Meaning a group should get together and hire the attorney. A HOA is a corporation and has to be represented in court by an attorney. (Yes there is a caveat to this but most wouldn't trust a non law educated person to represent them). So the HOA's attorney will be representing the board and all it's members as the board represents them. Basically you sue your HOA your suing yourself and your neighbors...

The HOA is setup to resolve it's issues internally. Going to court would just force the HOA to do just that in the end. So would your fight be something worth wasting money on or reading up on your HOA rights be a better option? You find strength in numbers in a HOA. Getting rid of a board doesn't solve your problems if you don't have the numbers to take their place...

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Lynn,

I'd suggest contacting the local bar association.

The other recommendation I would make is pick on strong issue to seek legal action on. Throwing in multiple violations for a criminal case helps the jury make a decision and gets justice done. In civil matters, you are looking to recover damages. For Associations, it's typically the court ordering someone to do something. Some examples:

Damage - Association won't let you see the records
Award - Court orders records to be produced

Damage - Association doesn't hold elections
Award - Court orders elections to be held

Damage - Fines
Award - Court rules fines to be valid or invalid and instructs accordingly

Damage - Assessments
Award - Court orders assessments to be paid (judgement)

Damage - Judgement for assessments/fines not paid
Award - Court orders bank account or pay to be garnished. Court grants foreclosure

Damage - CC&R violation
Award - Court orders violator to comply

If individuals, or the Association, fail to follow the courts order, they are held in contempt.

Therefore, know what you want to achieve and the best way to achieve it.

Lawyers have specialties (just like Doctors).
If it's a violation of the CC&Rs I'd suggest an attorney versed in contract law (as the CC&R's are a contract)
If it's a violation of the Bylaws, I'd suggest an attorney versed in corporate law (as bylaws instruct how the corporation is to be ran.

Hope this helps,

Tim

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Lynn:

I would either contact the local bar association as Tim suggested or you might contact a local or state property rights organization. The attorneys they could recommend would be pro homeowner rights and also should potentially be knowledgeable regarding contracts and real estate issues.

DoloresM2 (California)
Posts: 60

Posted:

This site would be a good place to check, they focus on the rights of homeowners who live in HOAS

http://www.calhomelaw.org/doc.asp?id=379

EricaC (California)
Posts: 4

Posted:

I am very happy with our lawyer in Orange County. I am the president of a HOA in Whittier CA and we have a very similar type of lawsuit pending. I interviewed Adrian Adams of the Davis-Sterling website/Adams Kessler they have a great website, but their lawyering was not as great as their website, Beth Grimm was good but too far, I interviewed three others before finding Steve Tinnelly in Orange County (Tinnelly Law) they are comparably priced, extremely knowledgeable, a father-son team with great experience, etc.. I would talk to a few lawyers before choosing- communication is really important to me, and of course they have to be competent. If you cannot communicate with your lawyer it does not matter how great they are- Steve and his father Rich were a great fit for my very small 24 unit HOA. Feel free to email me with questions at [email protected]
-ERICA

EricaC (California)
Posts: 4

Posted:

One more thing- make sure the lawyer you choose ONLY practices HOA law- I thought that was a big deal- I want my HOA to be his bread and butter- NOT car accidents... Tinnelly only does HOA law..

EricaC (California)
Posts: 4

Posted:

One more thing- make sure the lawyer you choose ONLY practices HOA law- I thought that was a big deal- I want my HOA to be his bread and butter- NOT car accidents... Tinnelly only does HOA law..

EricaC (California)
Posts: 4

Posted:

One more thing- make sure the lawyer you choose ONLY practices HOA law- I thought that was a big deal- I want my HOA to be his bread and butter- NOT car accidents... Tinnelly only does HOA law..

LynnS6 (California)
Posts: 11

Posted:

We contacted both Tinnelly and Adams and they said they only represent boards and not homeowners. A neighbor found someone and we'll be meeting with him this week. I appreciate all of the feedback.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Make sure to find out the charges. A lawyer once hired can charge you for every email, phone conveation, and communication. I don't leave my name if they aren't in their office. It is an oportunity to use that a a charge.

Understand what you want to hire them for and make a defined list. Do you want them to serve papers? Draft a letter? Appear in court for or with you? They may attend a meeting with you but understand they can be removed by the HOA.

Again I emphasize that it's best to hire a lawyer as a group than individual in a HOA. Your suing yourself and your neighbors. You want to make sure those neighbors are willing to be with you to support the cause if it effects everyone.

Just be careful and make sure this is a battle worth it end the results your looking for...Good luck...

Former HOA President

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here