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