HOA board members have to make tough decisions that can impact the liability to the HOA. There are a number of laws that effect HOAs including the Civil Code, Corporations Code, Vehicles Code, Government Code, Fair Employment and Housing Act, Fair Debt Collections Practices Act, the Fair Housing Act, and more. HOAs need legal counsel familiar with these laws and who focus their practice on the representation of HOAs.

A good HOA counselor must be not only knowledgeable about these laws, but should also be well versed in analyzing governing documents, must understand the demands of board members and the political dynamic of boards of directors, and be adept at providing legal advice mindful of these matters. 

Our firm’s philosophy is to provide clear and concise legal opinions, so board members can make the right decisions for their HOA.  You will never receive a long, rambling opinion from our firm. Our firm’s attorneys and staff are diligent and responsive. We are dedicated to our client’s best interest and our commitment to provide the highest quality legal services.

Below are some examples of some “corporate counsel” issues that HOAs will encounter:

  • Advising on compliance with various laws, such as the Davis-Stirling Act

  • Counseling with corporate governance

  • CC&Rs, Bylaws, Articles of Incorporation, and other governing documents interpretation and review

  • Annual meetings

  • Special elections

  • Recalls

  • Voting policies and procedures

  • Contract review, drafting and negotiations

  • Insurance coverage and claims

  • CC&Rs enforcement, including disciplinary hearings, Internal Dispute Resolution (“IDR”), and Alternative Dispute Resolution (“ADR”)

  • Maintenance and operations issues

  • Reviewing and analyzing new legislation

  • Drafting and reviewing rules and policies

  • Short-Term and vacation rentals

  • Parking and towing issues

  • Budgets and disclosures

  • Easements and other land use issues 

  • Disability claims for reasonable modification and accommodation    

  • Emotional support animals     

If you would like a proposal to provide your HOA with competent corporate counsel, please contact us at: info@flanaganhoalaw.com