Attorney’s Fee Provisions: The Big Hammer

In Durack v. Wang, a California appellate court overturned a trial court's refusal to award attorney's fees to a board member who had all claims against her dismissed even though the CC&Rs for her condominium did not include a prevailing party fees provision.

Dealing with Irrational Boards of Directors

As a community association attorney who has fought in the trenches for fifteen years, I have witnessed many instances where boards or individual board members act outside their authority, act irrationally, or simply ignore legitimate complaints or calls for action by homeowners. One reader asked what to do when his board and the association's manager failed to enforce the governing documents fairly and consistently? What if a board or manager refuse an owner's request to review HOA documents? Or denies an owner's request for a hearing? In each of the foregoing circumstances, the owner should be able to point to particular provisions of the governing documents which require explicit action and compliance by the board.

The Brother-in-Law Trap

Every so often I am asked to help pick up the pieces after a homeowner or association’s repair project went awry because a cut-rate contractor was used. As tempting as it might be to use a PDR contractor (guy with a pick-up truck, dog and radio), the more prudent action is to hire a fully qualified contractor. It might cost you a bit more in the front end, but literally will save you a whole lot of money and headaches in the long term. Below is some information to help you identify the qualified contractor.