Civil Litigation

Often we advise our clients that the most effective method to fill its obligation is through litigation. Community Legal Advisors aggressively prosecutes legal actions in the following areas:

CC&Rs are a living constitution for the association, designed to be revised and amended to meet the continuing needs and desires of the ownership. Community Legal Advisors assists Associations by preparing sample amendment language, ballots and cover letters, and by serving as inspectors of election. Sometimes, despite the best intention and efforts of the Board, the Association falls short of super-majority requirements outlined in these governing documents. Community Legal Advisors represents Associations in their Civ. 1356 petitions to the California Superior Court to obtain court approval of amendments.

While not yet a legal action, the IDR and ADR processes should be treated both as an opportunity to communicate and resolve the dispute amicably and as an opportunity best understand the legal arguments which each side brings to the table. For example, during these dispute resolution processes, the association may learn that rules or regulations relied upon were never properly communicated or are selectively enforced. In attempting to resolve these matters, we try not to lose sight of the fact that these disputes are often between neighbors, folks whose kids play together and have to live next door to one another for years to come. As always, the golden rule should prevail in these conflicts.

Contact us immediately if someone is injured on common area or association property. Prompt documentation, insurance coverage analysis and tender to appropriate carriers can result in thousands of saved dollars.

Community Legal Advisors will prepare and file appeal briefs and argue your case in all courts in Southern California.

Sometimes the best venue for legal action is Small Claims Court. Although you may not be represented by legal counsel at these courts, you can go in with professionally prepared legal and equitable arguments and a thorough knowledge of what to expect at your appearance. Community Legal Advisors will prepare you with briefs, talking points and the right approach to succeed in this arena of the justice system.

We know HOA law

Our attorneys will help your board of directors navigate the complex landscape of homeowner association law.