Absolutely.

Homeowners Associations (“HOAs”) are associations formed, most often as non-profit corporations, to own and manage common interest developments in California. The shareholders of an HOA (or “members,” as they’re more commonly referred to) own not only their individual homes, but a piece of the common areas located throughout their development. And like all corporations in California, an HOA is considered a separate person under the law, capable of entering into contracts, suing other persons/entities, or, as this blog is intended to discuss, being sued.

So, under what circumstances might members of an HOA wish to take their HOA to court?

Governing HOAs

To answer that question, we first need to look at how HOAs are actually governed. To begin with, HOAs in California are largely governed by the Davis-Stirling Act, a series of statutes located in the Civil Code (although there are sections of other laws, such as those found in the Corporations Code, that also apply to HOAs). The Davis-Stirling Act lays out the ground rules regarding how HOAs may be formed, governed, and dissolved. In other words, all HOAs in California must abide by the Davis-Stirling Act, as well as other applicable California laws.

Each HOA in California is further governed by its own set of “governing documents,” the most important of which is the Covenants, Conditions, and Restrictions (“CC&Rs”). The CC&Rs describe not only the rights and obligations that each member owes to the other members of the HOA, but also the mutual rights and obligations between the members and the HOA itself (remember, the HOA is considered a person under the law). An HOA’s CC&Rs are, therefore, intended to address a wide scope of governance type issues ranging from the maintenance of the common areas and property use restrictions (e.g., setbacks, view rights, neighborhood “character,” architectural guidelines, etc.), to enforcement powers, the raising and spending of revenues (e.g., assessments), and dispute resolution. There are other governing documents (e.g., articles, bylaws, etc., rules & regulations, etc.), but it’s not necessary for purposes of this blog to go into too much detail about those documents.

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WHY LS CARLSON LAW?


For over 15 years, LS Carlson Law has been helping homeowners throughout the US strike fear in their HOAs for harassment, unfair treatment and negligence. We pioneered the successful legal strategies that many have tried to replicate, however, no law firm in the country has more experience or won more HOA related cases. When you hire LS Carlson Law, you can be assured you’ll be getting an aggressive firm fully dedicated to achieving your legal objectives. Don’t take our word for it, we encourage you to take a look at the 75+ five-star reviews. If you are ready to end the nightmare with your homeowner association, call us now to set an appointment.

WOULD YOU LIKE A FREE HOA DISPUTES GUIDE?


This Guide Covers the Following:

  • Common Pitfalls
  • Your Options
  • Frequently Asked Questions

TYPES OF DISPUTES


A good HOA can play 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, LS Carlson Law can help. And fortunately, when it comes to HOA disputes, the prevailing parties are, in most cases that we handle, entitled to reimbursement for their attorneys’ fees and costs upon prevailing.

We protect homeowners located throughout the State of California from abusive or negligent HOAs in a variety of different types of disputes, including:

FAILURE TO REPAIR

CC&R VIOLATIONS

HARASSMENT / DISCRIMINATION

NEIGHBOR DISPUTES

COMMON AREA DISPUTES

SELECTIVE ENFORCEMENT

NEGLIGENCE

DAVIS-STIRLING ACT VIOLATIONS

TESTIMONIALS


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ABOUT US


LS Carlson Law is proud to offer our clients a dynamic and effective legal team with top academic and professional credentials. Our attorneys have extensive experience in HOA disputes involving single-family and multi-unit properties throughout California. In addition to having a hard-earned reputation for being strategically aggressive during the pendency of our litigation cases, our lawyers are also well known for their superior writing and innovative, client-centered approach. In short, the trial attorneys at LS Carlson Law excel because they are among the best at what they do. It really is that simple.

OUR TEAM


Paul Deese

Partner

Kirk Pearson

Partner

Jeffrey Kominsky

Partner

Linda Honey

Senior Associate

James Calkins

Senior Associate

Ryan Davies

Senior Associate

Shelby Daws

Associate

Taylor Hubbard

Associate

Keith Lehman

Associate

Timothy Mahar

Senior Associate

Shane Micheil

Associate

Steven Shack

Associate

Phong Tran

Senior Associate

Justin Walley

Associate

Chris Xouleis

Associate

CONTACT


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Aliso Viejo, CA 92656

PHONE

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L.S. Carlson Law

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