Los Angeles Real Estate Lawyer with More than 35 Years of Dedicated Legal Experience
With a concentration on business and real estate law and more than 35 years of dedicated legal experience, Michael J. Bordy has established his law firm on the principles of client focus and zealous legal representation. He is experienced in handling a wide variety of legal issues involving homeowner associations.
Reviewing Governing Documents to Protect Your Interests
Condo law and homeowner association bylaws and governing rules are often complex. Additionally, they are constantly changing, and many homeowner associations’ governing documents are not in compliance with current laws. Michael Bordy can review the documents that govern your particular situation and explain your rights and obligations. Some provisions that may affect your legal claim or defense include:
- Assessment collection – HOAs survive through assessment revenue. HOA Boards of Directors have the legal obligation to collect delinquent assessments in order to protect the property values of all members and the HOA. When the HOA does not follow its own protocol for collecting assessments, legal issues may arise.
- Election rules – Recent changes in the law require that there be adequate qualifications related to provisions for electing directors. There must also be open meetings and no secret elections. There should also be void nominations procedures that are described in the HOA bylaws.
- Document disclosures- The HOA must provide specific disclosures to members, including all governing documents, information regarding the HOA’s general and special assessments and other disclosures as provided by law.
- Water damage claims – Modern bylaws should address water damage issues, including carefully allocating responsibilities between members and the association, identifying where to make such claims and implementing a water loss policy.
- Pet restrictions – The HOA can relax or strengthen pet restrictions based on the needs of the HOA. However, there are also special considerations for service animals and emotional support animals.
- Maintenance obligations – Many HOAs have historically used boilerplate documents that may include components that do not exist in a particular property. These documents may be ambiguous and may fail to properly define the HOA’s duty to maintain the premises and may not be upheld.
Mr. Bordy will review all relevant documents that address issues you are confronting, such as:
- Rent restrictions
- Water damage claims
- Election and board governance issues
- Outdated code references
- Maintenance responsibilities
- Dispute resolution procedures
By carefully assessing provisions of this nature, Mr. Bordy can rely on key terminology and clauses that support your version of events. This will help him negotiate resolutions when issues arise.
Effectively Resolving HOA Disputes
Many people choose to become part of an HOA as an effective way to maintain property value and ensure their right to quiet enjoyment of the property. However, not all HOAs are equal. An ineffective or discriminatory HOA can cause serious problems and negatively impact your property interests. Bordy Law can help property owners who have been harmed by abusive or negligent HOAs in a variety of disputes, including:
- Architectural violations – If the HOA alleges that you have made unapproved modifications to the property that violate the architecture guidelines, we can assist.
- Assessment collection matters –We can carefully review your documents to determine if the HOA is collecting assessments in excess of those permitted.
- Breach of contract disputes – Your HOA documents may cover many rights and obligations and we can determine each potential source of a breach when determining your legal strategy.
- CC&R violations – Our team can review if there has been any violation of your CC&Rs.
- Disability claims – The HOA must provide reasonable accommodations for disabled occupants, and we can take action to enforce your rights, if necessary.
- Discrimination claims – We can investigate any issues of harassment or discrimination that you believe stem from your relationship to the HOA and ensure that your rights are protected.
- Election disputes– Elections held in secret or that do not give you a fair opportunity to participate are a violation of your rights.
- Failure to repair – When you pay substantial HOA fees, you rightly should expect the HOA to uphold its duty to properly maintain the property.
- Governing document enforcement – We can investigate whether any governing documents have the authority to enforce certain action on you.
- Negligence = HOAs that fail to maintain their properties may face significant legal repercussions.
- Neighbor disputes – In any planned community, there may still be legal issues that arise with neighbors. We can often resolve these issues through mediation.
- Nuisance issues – HOAs may overexert their authority and claim a nuisance where one does not exist.
- Property damage claims – Negligent maintenance may result in damage to your property, including water damage.
- Selective enforcement – HOAs are required to objectively enforce their own bylaws, so if there is evidence that you were the subject of enforcement but another member was not, this can impact your claim.
Michael Bordy will explore all methods of resolving your HOA dispute in as cost-effective a manner as possible. He understands that avoiding costly litigation is often a goal of his clients, so he will explore all options to resolve your dispute outside the courtroom through cost-efficient and alternative dispute resolution. This method may also facilitate better communication with you and the HOA so that issues can be more amicably addressed in the future. Mr. Bordy can also review your HOA documents to determine if arbitration is mandatory.
Michael Bordy is a skilled negotiator who can often successfully resolve legal disputes outside of the courtroom. However, if this is not possible, his aggressive advocacy shows in his litigation success. Under California law, if you prevail in an HOA case, you may be entitled to reimbursement for your attorney’s fees and legal costs.
Contact Bordy Law to Schedule a Confidential Consultation
If you are experiencing issues with your HOA, it is important that you work with a skilled California HOA lawyer who can explain your rights and obligations under the governing documents. Mr. Bordy will investigate your claim and review all relevant documents to identify your legal options based on your particular circumstances. Mr. Bordy has received the highest recognition possible in the legal industry for his professionalism and ethics. He looks forward to assisting you with your legal matter. Contact Bordy Law online or by calling us at 310-881-6800.