Providing HOA law counsel to homeowner associations and individuals involved in HOA disputes
HOA law is governed primarily by the incorporated covenants, conditions, and restrictions (CC&Rs) which are recorded when the property for a common interest development (CID) is subdivided and statutory provisions found in California Civil Code section 4000 et seq., also known as the Davis–Stirling Act. An HOA operates like a governmental body with the CC&Rs serving as the constitution of the HOA. The CC&Rs is legally binding upon residents to the extent that it does not conflict with state or federal law. The CC&Rs, once properly recorded, are presumed valid until proven otherwise
The HOA’s board may enact rules which are legally binding upon residents as long as they do not conflict with the CC&Rs or state or federal law. Board meetings, like the boards of government agencies, are generally open to HOA members, with some exceptions. As with government agencies, courts generally defer to the broad discretion HOAs enjoy in discharging their duties. The HOA is also allowed to charge regular fees to homeowners within the development which can be used for the operation and maintenance of the common areas like security gates, corridors, walkways, parking, landscaping, swimming pools, fitness centers, tennis courts, and other shared areas. The HOA can levy fines or sue homeowners for damages and/or injunctive relief to enforce the HOA’s rules and CC&Rs.
Davis–Stirling establishes a unified statutory framework that regulates HOAs for all types of common interest developments. The HOA has the power to impose fees that are cycled back into the community for the community’s benefit, and to enforce rules that maintain the “atmosphere” of the community.
Why Hire Ghantous Law Corporation?
We regularly advise HOAs, property managers and individuals who are faced with HOA law disputes. Our experience representing both sides of an HOA law dispute provides us with an advantage in formulating cost effective strategies towards resolution. If litigation becomes necessary, we know the law and are prepared to use our close to 20 years of litigation experience, if necessary, to prevail for our clients. While you will ultimately choose the path to take towards resolution, our job is to help our clients know the options that are less likely to maintain the litigation. Helping our clients to understand the pros and cons of both sides is the best path towards a speedy resolution. We regularly participate in early mediation to avoid litigation and have been successful in resolving HOA law conflicts long before a trial ever takes place.