Homeowners Association Defense

Homeowners Association Defense

VLT attorneys represent Homeowners Associations (HOA’s) as well as the Directors and Officers who volunteer their time and talent to serve in such roles. We understand that due to the broad nature of an HOA’s responsibilities — setting an annual budget, collecting dues and fees, maintaining the common areas, adopting and enforcing rules and regulations, and so on — an HOA cannot always please every homeowner. Sometimes, homeowner-HOA disagreements result in lawsuits against the HOA, which sometime name one or more HOA board members.

Our HOA board attorneys specialize in handling the following types of disputes on behalf of our clients:

  • Disputes arising from alleged failure to enforce covenants, conditions and restrictions
  • Personal injury and property damage claims arising from alleged negligence in maintaining common areas
  • Breach of fiduciary duty claims against associations, their directors and officers
  • Disagreements about corporate governance and decision-making
  • Challenges to association and board elections and votes
  • Disputes concerning decisions on architectural issues and restrictions
  • Challenges to amendments of governing documents
  • Challenges to fiscal management decisions

We advise our clients so that they understand the unique areas of law presented by California’s Davis-Stirling Act, the Corporations Code, and all of the case law that has developed around homeowners associations and common interest developments. Our clients include boards and associations for residential and commercial condominiums, planned developments and condominium conversions.

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