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When a legal problem arises, you need the help of an experienced law firm. Morris & Stone provides exceptional legal representation to businesses and individuals on matters related to Homeowners' Associations, real estate and construction. Our attorneys bring creative solutions to all homeowners association ("HOA"), real estate and construction disputes, including violations of the CC&Rs, Breach of Contract and Construction Defect claims, Employment and Labor Law matters, and Land Subsidence issues, to name a few.
HOAs operate through a Board of Directors, usually elected by the homeowners. When an HOA Board makes a decision about your specific property, or the common areas, disputes can arise.
Many homeowners believe they have no practical recourse against an HOA Board. They see the Board as a totally controlling, leaving no voice or input to individual homeowners. Indeed, many HOA Boards hold that belief. However, the real estate attorneys at Morris & Stone have shown these Boards time and time again how wrong they can be.
If you disagree with a decision made by the Board about your neighborhood, or if the Board and/or Architectural Committee is unfairly limiting something you want to do with your property, you have rights. Similarly, if the Board is failing to do what it is supposed to do, and has permitted a neighbor to do something that violates the CC&Rs, you can enforce the rules.
The Governing Documents of your association, normally what are referred to as the Covenants, Conditions and Restrictions or "CC&Rs", are required to include procedures for informal dispute resolution. Almost always, those will require you and the Board to go through an alternative dispute resolution procedure such as mediation, before you can file a lawsuit, or before they file one against you. There are exceptions, if immediate action is required.
This is a great requirement, because it affords an opportunity for resolution before the far greater costs of litigation are incurred. In the vast majority of our HOA cases, the Board backs down from its position when forced to participate in mediation or arbitration, or some other mutually acceptable compromise is reached.
To schedule a confidential consultation to discuss how we can help resolve your HOA dispute, call one or our HOA attorneys at (714) 954-0700. There is no charge for telephone consultations.
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