Orange County CA HOA Lawyers
Are you searching for California homeowners association attorneys? The Orange County HOA lawyers at Feldsott, Lee & Nichter have decades of experience representing homeowners associations and those who are governed by Covenants, Conditions and Restrictions or CC&Rs.
What is a Homeowners Association or HOA?
HOAs are rooted in California’s Davis-Sterling Act, passed in 1985 which provides those who develop or dwell in a “common interest development” to create a Homeowners Association in order to manage or govern that development. HOAs are very common in California. You will find them to be associated with many planned communities, subdivisions and condominium projects across the state.
What are CC&Rs?
Each HOA community is managed through a document known as the Covenants, Conditions and Restrictions or CC&Rs are a set of rules which establish what homeowners are able to do or not do with their home or property within the HOA.
Generally speaking, CC&Rs are designed to protect and enhance property values within the development. In most cases these rules seem fairly straight forward. They usually require properties to be kept free of weeds prevent “eyesores” resulting from design choices or poor upkeep and maintenance.
In many cases they can seem quite restrictive. CC&Rs may regulate where you can park, the type of fencing you may (or may not) install. Violations of the CC&Rs are enforced by the HOA for the community and may include penalties, fines, and compensation for any actions required to remedy non-compliance over a period of time. This usually includes the ability to place a lien against a property to recover unpaid fees and costs of any remedial action.
What are the Advantages and Disadvantages of a Homeowners Association?
HOAs provide strong benefits to the residents of the development. HOA regulations and fees ensure consistent property values through a sense of community, management of common areas, maintenance of shared amenities such as a pool or clubhouse and ensuring compliance with CC&Rs to preserve the attractiveness and spirit of the community. HOAs often plan events for the development to support a sense of community, mark important seasonal observations and provide opportunities for members to meet and interact.
Many homeowners feel maintenance and HOA fees can become burdensome and ultimately unaffordable. CC&R enforcement may feel heavy handed at times, especially when actions are associated with disagreement between neighbors or a member and the community itself. Restrictions within the CC&Rs may limit options for how a homeowner may wish to customize their home and this is why it is important to carefully review all CC&R and HOA documents provided before or during closing.
How can the California Homeowners Association Attorneys at Feldsott, Lee & Nichter Help HOAs and Homeowers?
Feldsott, Lee and Nichter was one of the original law firms in Southern California to focus on issues associated with the Davis-Sterling Act and Homeowners Associations. The founders of Feldsott, Lee & Nichter have made substantial contributions which have helped to guide and develop the industry of community associations for more than 50 years.
We provide education, sound counsel and legal advise to HOA officers and entities and the homeowners they serve. We work with our HOA clients to remain in compliance with current laws and changes which inherently come along the way. We advise homeowners in legal matters associated with HOA or CC&R related issues and represent in them in appropriate legal actions.
Contact Feldsott, Lee & Nichter
We invite you to learn more about the programs and services offered by Feldsott, Lee & Nichter to Homeowners Associations and those they serve and contact us or call (949) 729-8002 today to learn more. You can rely upon our sound advice and legal counsel based upon more than 50 years of experience as respected industry leaders in HOA related programs and legal matters.