In California, homeowners associations, or HOAs, are governed by bylaws, which establish how the association will be run, and by a declaration of covenants, conditions and restrictions. The declaration of covenants, conditions and restrictions outlines the rules of the association, which operates as a corporation. Both sets of documents are usually drawn up by attorneys during the initial stages of development planning. During this time, the Department of Real Estate in California oversees developments with HOAs until sales begin. Once the property has owners, there are several laws that California HOAs must adhere to, including the state’s corporation codes and the Davis-Stirling Common Interest Development Act. Presently, no agencies in the state regulate homeowners associations.
Homeowners Association Law Services
General legal counsel
Review of association contracts with vendors and contractors
Collection of assessments (dues)
Amendments and rewrite of CC&Rs
Preparation of delinquency policies, enforcement policies, etc
Demand letters to owners
Legal opinions
Enforcement of CC&Rs and rules of the association
Construction defect litigation
Obtaining court orders for owner compliance
Other litigation support
Alternative dispute resolution, and All other areas of legal support for homeowners associations
