Understanding Your Journey with an HOA Attorney

What Happens After You Hire an HOA Attorney?

For homeowners facing disputes with their HOA, deciding whether to retain legal representation is a significant step. At LS Carlson Law, we’ve worked with many homeowners navigating HOA-related disputes, and it’s common to have questions about what typically happens after you decide to work with an attorney. This guide provides an overview of the process, from the start of representation through potential resolution.

The Importance of the Fee Agreement

The foundation of any attorney-client relationship begins with the fee agreement. This document generally outlines the scope of legal services and helps set expectations for both parties. Rather than providing broad, unlimited representation, a fee agreement typically describes what legal services may be provided and how the attorney and client will work together on the matter.

The Initial Phase: Information Gathering and Due Diligence

After retaining an attorney, the first phase often involves information gathering and due diligence. Your legal team will review the information available, which may include governing documents, correspondence, and other relevant records. This process helps counsel evaluate the situation and consider potential approaches.

When providing documentation to your attorney, keeping materials organized and clearly labeled can help your legal team review and use them more efficiently. In some matters, better organization can also help manage costs by reducing time spent locating or sorting records.

Communication Protocols and Updates

One of the most common questions homeowners have involves communication frequency. Communication practices vary by attorney and matter, but many attorneys provide updates when significant developments occur. Communication protocols can also be tailored based on client preferences—some clients prefer frequent updates, while others prefer to hear primarily about major developments.

It’s also worth noting that more frequent communication may affect overall costs, depending on the fee arrangement. Many clients aim for a balanced approach—receiving updates when meaningful progress occurs or when important decisions need to be made.

Strategic Approaches to Resolution

In California HOA disputes, attorneys may consider a range of approaches depending on the facts, the governing documents, and applicable law:

First, an attorney may send a demand letter to present the client’s position and explore whether the dispute can be resolved informally. This step can also provide insight into how the HOA may respond.

If informal efforts are not successful, counsel may recommend Alternative Dispute Resolution (ADR). In California, the Davis-Stirling Common Interest Development Act includes requirements related to attempting ADR before certain types of lawsuits are filed, and ADR may include mediation, arbitration, or other processes.

If ADR does not resolve the dispute, litigation may be considered. While many HOA disputes do resolve without trial, outcomes vary depending on the circumstances.

The Power of Alternative Dispute Resolution

ADR is a common tool in HOA dispute resolution. In mediation, for example, a neutral third party helps facilitate negotiations between the parties. This approach may offer several potential advantages:

First, it can provide a structured environment for negotiation and may be less costly than full litigation. Second, it allows both parties to explore solutions that might not be available through court proceedings. Third, it can sometimes lead to a faster resolution than traditional litigation.

The presence of a neutral mediator can also help address communication barriers and bring perspective to both sides. Mediation results are typically not binding unless the parties reach and document an agreement.

When Litigation Becomes Necessary

Sometimes, despite efforts to resolve a dispute through other means, litigation becomes a consideration. Before proceeding, a legal team will typically evaluate factors such as:

Proper forum selection based on governing documents and applicable law. Evaluation of evidence needed to support the claims or defenses. Assessment of whether any expert testimony may be appropriate. Development of a discovery plan. Analysis of potential defenses and counterarguments.

This type of preparation can help clarify the issues, the likely process, and expected costs.

Understanding Insurance Defense and HOA Responses

Many HOAs carry insurance policies that may provide a legal defense in certain disputes. This can affect how an association responds to claims or settlement discussions, depending on the policy terms and the insurer’s role in the defense.

Protection Against Retaliation

Some homeowners worry about retaliation after raising concerns or pursuing a dispute. Whether particular conduct is improper or actionable depends on the facts and the applicable law. In some situations, post-dispute conduct may become relevant to the parties’ positions or to potential claims or defenses.

Additionally, once a homeowner has legal representation, many clients choose to have substantive communications routed through counsel to reduce misunderstandings and help keep communications focused.

The Partnership Between Attorney and Client

Resolving HOA disputes often benefits from collaboration between attorney and client. While an attorney may provide legal analysis and advocacy, the client’s knowledge of the events and ability to provide accurate, organized information can be important.

An attorney’s role is to apply the relevant law and facts to the situation and present the client’s position. However, it’s also important to understand that dispute outcomes depend on many factors, including the other side’s positions and the available evidence.

Conclusion

Navigating HOA disputes through legal channels often involves careful evaluation and strategy. Understanding the process—from the start of representation through ADR or litigation—can help set expectations.

This article is provided for general educational information about California HOA dispute processes and is not legal advice.