Homeowners Association

Attorneys at McCarthy & Kroes are well-versed in homeowner association (HOA) law, and regularly provide guidance, counsel, and representation in Santa Barbara, Ventura, and San Luis Obispo counties to some of the more than 35,000 associations whose actions impact over 6 million California residents and billions of dollars in assessments each year.

Homeowners Associations (HOAs), also known as common interest developments or CIDs, are governed by a myriad of laws under the California Code.  These laws have been brought together in one place, codified as a 72-page legal document known as the Davis-Stirling Common Interest Development Act (Davis-Stirling), yet they remain varied and diverse in their focus and application.  HOA law is an active and constantly evolving area of the law.  Every year, a significant number of legislative changes are proposed, and many are enacted.  In the meantime, complaints to and actions of association boards are frequently litigated in the courts.

The major concern of homeowners is the ability of a homeowner association to foreclose on a home which has failed to pay assessments to the HOA.  However, the associations themselves face a wide range of legal issues on a daily basis.  Many of these issues are internal to the HOA and deal with governance and daily operations, such as:

• Association records
• Association elections
• Association rulemaking authority
• Reserve Accounts
• Vendors and Contracts
• Fair debt collection laws

The average homeowner association member is unaware of all the activity that goes on behind the scenes at the board-member level of an HOA.  Conflicts frequently arise between the homeowner and the association in matters such as:

• Non-judicial and Judicial Foreclosure
• Fair housing - disability, discrimination
• Assessments - special assessments, special individual assessments
• Pets and housing
• Architectural changes
• Disclosures and contracts of adhesion

The ever-changing and increasingly complex subject of HOA law requires constant research, attention, and practice in the field to stay on top of it all.  At McCarthy & Kroes, we practice regularly in this area and are ready to advise and represent associations and board members, acting as general counsel to HOAs or assisting in particular issues or litigation matters.  Our clients have included Pismo Shores Homeowners Association, Leisure Village Homeowners' Association, Inc., and independent board members of various HOAs. 

If you are an association or board member needing advice or representation in an HOA/CID matter, contact McCarthy & Kroes today.