Orange County HOA Attorney

The homeowners association is an organization organized to manage and control the common interest development of a community. California law, states that any development under common interest has to be run by an association, which may be incorporated or unincorporated. If the homeowners association is incorporated, it must be a nonprofit corporation. Hence, the most common form of homeowners association is the nonprofit mutual benefit corporation. This is a corporation in which the members of the corporation vote for a board of directors which runs the affairs of the corporation. In addition, this type of corporation is chartered by a state government that exists to serve its members.

The owners association is formed and exists for the primary purpose of managing or operating land and improvements within a subdivision for the benefit of the association members. The powers, authority, and duties of the association are primarily derived from a declaration; the covenants and restrictions in the declaration run with all of the land of the subdivision and are binding on all owners of land within the subdivision. Subsidiary documents and other organizational documents, such as articles of incorporation, articles of association, or bylaws, also establish powers and duties for the owners association. State statutes are also a source of imposed duties, obligations, and empowerment for the owners association. Membership in the homeowners association is granted and mandatory once a person buys a lot, home, townhouse, or condominium in a common interest development, he or she automatically becomes a HOA member.

HOA attorneys are active in the area of the representation of condominium associations, homeowner associations, and neighborhood associations in the area of Real Estate Law.  In their representation of condominium, co-op, neighborhood, and homeowner associations, they can provide the following services:

Attendance at board of directors and members' meetings and providing general counsel to the association 

Review contracts that may affect the association which include repainting, roof replacement, recreation areas, cable TV and management service 

Draft and prepare any amendments 

Represent the HOA against the developer for claims relating to construction defects or financial debt obligations 

Enforcement of restrictions and covenants 

Collection of maintenance fees

Miscellaneous real estate matters involving associations

Contact a Orange County HOA Attorney
They are dedicated to advising clients through all the different real estate issues including homeowners association disputes, obligations and more.