A good homeowners’ association (HOA) plays an important role in maintaining your property values and ensuring your quiet enjoyment of your property. A bad HOA can decrease the value of your home, force you to spend a lot of money, and turn your life upside down. Good HOAs are priceless; bad ones can be a nightmare for a homeowner. If you feel your rights are being violated by your HOA, we can help. We protect homeowners by advising boards of directors to follow best practices and by asserting owners’ rights against abusive, self-dealing or negligent board actions in a variety of different types of disputes, for example:
- Breach of fiduciary duty
- Negligent repairs
- Harassment / Discrimination
- Selective Enforcement
- Davis-Stirling Act Violations
HOA’s are akin to governments, subject to California’s Open Meeting Act. Boards should take care in following applicable law or directors can face serious liability. We have successfully obtained temporary injunctions against an abusive HOA board in lawsuits involving wrongful retaliation and breaches of fiduciary duties. We have extensive experience in the Davis-Stirling Act, which is the California legislation governing HOAs, with governing documents including articles of incorporation, bylaws and resolutions by which the management and owners are governed, and litigating these matters.
We believe most HOA disputes can and should be resolved informally without the need for litigation expenses and costs. But when litigation is unavoidable, we vigorously pursue bad actors on behalf of our clients.