The Board of Directors of an HOA owes a fiduciary duty to enforce violations of the association’s CC&Rs and Rules. This duty can create conflict and friction in the community, and if not handled properly can derail the operations of the community association. The HOA does not need a “bulldog” to tear apart the community during these times. Instead, the HOA needs a skilled practitioner who understands the intricacies of HOA disputes and who can guide the Association through the dispute resolution process.
An experienced HOA lawyer can use the pre-litigation process to resolve disputes and restore peace in the community. These steps include proper use of violation letters, hearing notices, Internal Dispute Resolution (“IDR”), and Alternative Dispute Resolution (“ADR”). Effective handling of these processes can mitigate or avoid the expensive costs associated with filing a lawsuit. Our firm has a history of success in resolving disputes through IDR and ADR and we can guide your community association through these processes.
From time-to-time, litigation becomes necessary. And when that happens, your HOA needs attorneys who have trial experience. Flanagan Law has a track record of court victories for our clients. This track record includes obtaining permanent injunctions, declaratory relief, monetary judgements, and equitable relief. We’ve handled litigation for short-term and single-room rentals, hoarding, nuisance, smoking violations, restraining orders, unauthorized construction by an owner, breach of contract, defamation, and failure to maintain property.
After a trial victory, your HOA is entitled to recover the attorney’s fees and costs it incurred in bringing the action. Our attorneys have recovered millions of dollars in attorney’s fees against owners over the years.
If you would like a proposal for pre-litigation or litigation enforcement services, please contact us at: info@flanaganhoalaw.com