Home Owners Association (HOA)

A Homeowners Association (HOA) is often found in condominium, high rise, and gated community developments. An HOA typically has the responsibility to maintain common area within a development.

The Conditions, Covenants, & Regulations (CC&R’s) is a contract that establishes the rules that the HOA and property owners within the development must follow. Failure of either party to follow the CC&R’s may result in breach of contract liability and the imposition of money damages.

The Davis Sterling Act also governs the relationship between an HOA and property owners within a development. Failure of either party to follow the guidelines of the Davis Sterling Act may result in a breach of statutory liability and the imposition of money damages.

Failure by the HOA to maintain the common area or to maintain adequate financial reserves are common claims brought against the HOA by the property owners. Failure to pay monthly dues or damage to the common area are typical claims brought against the property owners by the HOA.

The Law Office of Robert A. von Esch IV represents HOA’s and property owners. If you are an HOA manager or director or property owner in the midst of a dispute over CC&R’s interpretation, common area maintenance, reserve account funding, or any other related issue, do not hesitate to contact us.