Michael T. Chulak & Associates has extensive experience in homeowner association law including all aspects of Davis-Stirling. We represent homeowner associations as well as members of community associations who have a legal claim against their HOA.  We provide services in the following areas:

The HOA attorneys at Michael T. Chulak & Associates welcome the opportunity to meet with the Board of Directors of any homeowner association for a no charge, no obligation consultation regarding any legal issue. This provides the Board an opportunity to ask questions and evaluate our legal expertise and approach to solving problems. We have represented hundreds of homeowner associations throughout California over many years and would appreciate the opportunity of working with your association.

Please be certain to visit our other websites for questions and answers on homeowner association law: HOAQandA.com, our Glossary of HOA and CID Terms, Pledge by Nominee for Election to Board and Glossary of HOA Insurance Terms.

In order to keep our clients informed of the constantly changing laws affecting homeowner associations, we offer free legal seminars for management companies, directors of homeowner associations and members of homeowner associations. See Free Homeowner Association Legal Seminars for details. We also provide career training for individuals wanting a career in homeowner association management: HOACareers.com. Visit HOA Attorneys to view a summary of Homeowner Association Attorney areas of practice and Why Homeowner Associations Get Into Trouble.


HOA Law Articles

We add articles to this section of our website on a regular basis:

•  How to Get Elected to the Board of Directors of Your HOA

•  Why You Should Run for Election to the Board of Directors of Your HOA

•  What Happens if Nobody Runs for the Board

• The Most Common Reasons Board Members are Recalled

• Developers Breach of Fiduciary Duty

• Strategic Defaults and Foreclosure

• Why Homeowner Associations Get into Trouble

• Pledge by Nominee for Election to Board of Directors

• Insurance Company Tricks

• Is Your HOA Protected?

• Post Earthquake Responses To Severe Earthquakes

• Increasing Attendance at HOA Annual Meetings

• Loss Assessment Coverage

• Security Disasters - Don't Let This Happen to You

• Homeowner Association Security

• Checklist for Buying a Condominium

• Breach of Fiduciary Duty by Directors of HOAs

• Selecting an Agent for Service of Process

• Saving Dollars for Your Homeowner Association

 

Owner Claims Against HOA

The most common claim made by the owners of condominium units against their homeowner associations is that their unit is experiencing water intrusion because the association has failed to maintain the common area. Generally, this involves leaking roofs, decks, planters, walls, and windows, and often improper slopes and drainage. When a condominium unit owner makes a claim against the association, it is generally because the statue of limitations has run and therefore a claim cannot be made against the developer of the condominium community.

When a condominium unit owner has exhausted his or her patience with the board and files a lawsuit against the association, (not the board), the association will almost always contact its insurance company. Assuming there is coverage, the insurance company will hire a law firm to represent the association and the law firm will hire any appropriate experts needed to investigate the situation and provide advice on how to remedy the problem.

As part of the process, the plaintiff's attorney will hire one or more experts to provide advice and repair cost estimates.

After all experts have completed their investigations, have developed a scope of repairs, and cost estimates, a mediation session will be arranged so that the parties can avoid further litigation and settle the matter short of going to court. In 99% of these matters, the dispute is settled in mediation.

Settlements usually, but not always, consist of the following:

• The association agrees to repair the common area in a manner that is acceptable to the expert working for the plaintiff's attorney;
   
• The association agrees to pay the plaintiff a dollar amount sufficient to make interior repairs and pay for loss of use; and
   
• The association agrees to pay all of the plaintiff's attorney fees and costs.
   
• Most importantly, depending upon the insurance coverage, the cost of settling the case will be paid in part or completely by the insurance company.
   

If you are a member of an association board, don't let this happen to your association. A competent management company combined with good legal advice can save your association thousands of dollars.

 

 

Calabasas Chamber of Commerce Consumer Attorneys of Los Angeles
   

Greater Conejo Valley Chamber
of Commerce

Ventura County Bar Association
   

 

We are also members of Community Associations Institute, (CAI) and the California Association of Community Managers (CACM).

Attention HOA Attorneys.
Visit: Employment Opportunities



This site is for informational purposes only and should not be construed as legal advice.  You should seek appropriate legal counsel for all legal issues and should not act or refrain from acting on the basis of any information on this web site.



Rate Our Website - Please






Expert Witnesses and Consultants Needed

In connection with our extensive litigation practice, Michael T. Chulak & Associates regularly utilizes the services of expert witnesses and consultants. If you believe you have the knowledge, experience and overall ability to provide these services, we invite you to complete an application and return it with your current resume. Upon receipt, we will enter the information into our database for use by our litigation attorneys and support staff. Please view our websites to become familiar with our areas of practice.







Areas Served:  

Los Angeles County: 

Acton, Agoura, Agoura Hills, Agua Dulce, Alhambra, Altadena, Arcadia, Arleta, Artesia, Avalon, Azusa, Baldwin Hills, Baldwin Park, Bassett, Bell, Bell Canyon, Bell Gardens, Bellflower, Beverly Hills, Bouquet Canyon, Box Canyon, Burbank, Calabasas, Calabasas Hills, Canoga Park, Canyon Country, Carson, Castaic, Century City, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Cudahy, Crystalaire, Culver City, Del Sur, Diamond Bar, Downey, Duarte, East Los Angeles, East Rancho Dominguez, El Monte, El Segundo, Encino, Firestone Park, Flintridge, Gardena, Glassell, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawaiian Gardens, Hansen Dam, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park, Hollywood, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Crescenta- Montrose, La Habra Heights, La Mirada, La Puente, La Verne, La Canada, Lake Hughes, Lake Los Angeles, Lake View Terrace, Lakewood, Lancaster, Lawndale, Leimert Park, Lennox, Leona Valley, Lincoln Heights, Littlerock, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Mission Hills, Monrovia, Monte Nido, Montebello, Monterey Park, Mount Baldy, Mount Wilson, Newhall, North El Monte, North Hills, North Hollywood, Northridge, Norwalk, Pacoima, Palisades, Palmdale, Paramount, Pearblossom, Pico Rivera, Pomona, Quartz Hill, Rancho Dominguez, Rancho Palos Verdes, Rancho Park, Redondo Beach, Reseda, Ritter Ranch, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica, Saratoga Hills, Saugus, Sherman Oaks, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Stevenson Ranch, Studio City, Sun Valley, Sun Village, Tarzana, Temple City, Toluca Lake, Topanga, Torrance, Tujunga, Universal City, Val Verde, Valencia, Valley Village, Van Nuys, Venice, Vernon, Walnut, Walnut Park, West Covina, West Hills, West Hollywood, West Los Angeles, West Toluca Lake, Westchester, Whittier, Wilmington, Windsor Hills, Winnetka, Woodland Hills. 

Ventura County: 

Camarillo, Channel Islands, Faria Beach, Fillmore, Moorpark, Newbury Park, Oak Park, Oak View, Ojai, Oxnard, Port Hueneme, Santa Paula, Saticoy, Somis, Simi Valley, Thousand Oaks, Ventura (San Buenaventura), Westlake Village. 

Orange County: 

Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Corona Island, Costa Mesa, Cypress, Dana Point, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forrest, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Orange, Placentia, Rossmoor, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Heights, Seal Beach, Stanton, Tustin, Tustin Foothills, Villa Park, Westminster, Yorba Linda. 

San Bernardino County: 

Adelanto, Apple Valley, Barstow, Big Bear, Big Bear City, Chino, Chino Hills, Colton, Crestline, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Lake Arrowhead, Landers, Loma Linda, Montclair, Morongo Valley, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley. 

Riverside County: 

Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Coachella, Corona, Desert Hot Springs, East Blythe, East Hemet, El Cerrito, Glen Avon, Hemet, Highgrove, Home Gardens, Homeland, Idyllwild-Pine Cove, Indian Wells, Indio, La Quinta, Lake Elsinore, Lakeland Village, Lakeview, Mecca, Mira Loma, Moreno Valley, Murrieta, Murrieta Hot Springs, Norco, Nuevo, Palm Desert, Palm Springs, Pedley, Perris, Quail Valley, Rancho Mirage, Riverside, Rubidoux, San Jacinto, Sun City, Sunnyslope, Temecula, Thousand Palms, Valle Vista, Wildomar, Winchester, Woodcrest.           

Santa Barbara County: 

Ballard, Buellton, Carpinteria, Gaviota, Goleta, Guadalupe, Hollister Ranch, Hope Ranch, Isla Vista, Lompoc, Los Alamos, Los Olivos, Mission Canyon, Mission Hills, Montecito, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, Summerland, Toro Canyon.

San Diego County:

Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, (Cardiff-by-Sea, Leucadia, Olivenhain), Escondido, Fairbanks, Ranch, Fallbrook, Imperial Beach, Julian, La Mesa, Lake San, lakeside, Lemon Grove, National City, Oceanside (San Luis Rey), Poway, Romona, Rancho San Diego, Rancho Santa Fe, San Diego, San Marcos, Santee, Solana Beach, Hidden Meadows, San Diego County Estates, Spring Valley, Vista.

San Luis Obispo County:

Arroyo Grande, Atascadero, Avila Beach, Baywood-Los Osos, Cambria, Cayucos, Grover Beach, Lake Nacimiento, Los Osos, Morro Bay, Nipomo, Oceano, Paso Robles, Pismo Beach, San Luis Obispo, San Miguel, San Simeon, Santa Margarita, Templeton.

Kern County:

Arvin, Bakersfield, Bear Valley Springs, Bodfish, Boron, Buttonwillow, Caliente, California City, China Lake Acres, Delano, Ford City, Frazier Park, Golden Hills, Kernville, Lake Isabella, Lamont, Lebec, Lost Hills, Maricopa, McFarland, Mojave, North Edwards, Oildale, Pine Mountain Club, Ridgecrest, Rosamond, Rosedale, Shafter, South Taft, Stallion Springs, Taft, Taft Heights, Tehachapi, Wasco, Weedpatch, Weldon, Wofford Heights



Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County

Accounting, Amending Bylaws, Amending CC&Rs, Amendment to CC&Rs, Amendments to Bylaws, Animals, Annual Budget, Assessment Collections, Assessment Lien, Assessment Lien Services, Assessment Liens, Assignment of Rents, Association Lien Service, Attorneys, Board of Directors, Board of Directors Transition, Budget, Bylaw Amendments, Bylaws, By – Laws, California Civil Code, CC&R Amendment, CC&R Amendments, CC&R Modifications, CC&R Restatements, CC&R Revisions, CC&Rs, CID, Collection, Collections, Commercial Condominiums, Common Interest Development, Common Interest Developments, Community Association, Community Association Management, Community Associations, Community Associations FAQ, Conditions, Condo Management, Condominium, Condominium Association, Condominium Association Management, Condominium Associations, Condominium Plan, Condominiums, Condominiums FAQ, Consultant, Consultants, Consulting, Cooperatives, Co – ops, Coops, Covenants & Restrictions, Covenants and Restrictions, Covenants, Conditions and Restrictions, Cumis Counsel, Davis – Stirling, Davis – Stirling Act, Davis Stirling Act, Davis – Stirling Common Interest Development Act, Delinquencies, Delinquent, Delinquent Assessments, Developer Budget, Developer Obligations, Developer Responsibilities, Developer to HOA, Developer Transition, Disclosure, Disclosures, Discrimination Claims, Discrimination Defense, Dispute Resolution, Dogs, Dues, Duties, Election, Election Procedures, Elections, Emergency, Executive Session, Expert Witness, Fair Housing Claims, Fair Housing Defense, FAQ Community Associations, Fees, Financial Services, Fines, Foreclosure, Foreclosures, Free Legal Information, Free Legal Q & A, Free Legal Q and A, Governing Documents, Governing Documents, HOA, HOA Accounting, HOA Assessment Collections, HOA Attorneys, HOA Bylaws, HOA Collections, HOA Cumis Counsel, HOA Disclosure, HOA Disclosures, HOA FAQ, HOA Laws, HOA Legal Compliance, HOA Management, HOA Manager, HOA Property Management, HOA Q & A, HOA Q and A, HOA Rules, HOA Transition, HOA Transition Consultants, HOAs, Homeowner Association, Homeowner Association Assessment Collections, Homeowner Association Attorneys, Homeowner Association Disclosures, Homeowner Association Elections, Homeowner Association Fraud, Homeowner Association Laws, Homeowner Association Legal Compliance, Homeowner Association Management, Homeowner Association Minutes, Homeowner Association Problems, Homeowner Association Questions, Homeowner Association Rules, Homeowner Associations, Homeowner Associations FAQ, Judgment, Judicial Foreclosure, Law, Lawyer, Lawyers, Leasing, Legal Compliance, Lender, Lien, Liens, Lien Service, Lien Services, Lofts, Maintenance, Maintenance Association, Maintenance Associations, Management, Management Companies, Management Company, Management Professionals, Management Service, Master Association, Master CC&Rs, Mediation, Mediations, Mediator, Minutes, Modifying Bylaws, Modifying CC&Rs, Non – Judicial Foreclosure, Nuisance, Nuisances, Occupancy, Office Condominium, Office Condominiums, Open Meeting Act, Parking, Pets, Pit Bulls, Planned Development, Planned Developments, Planned Unit Development, Planned Unit Developments, POA, Procedure, Procedures, Property Management, Property Management Careers, Property Management Training, Property Manager, Property Owners Association, Q & A Condominiums, Q and A Condominiums, Recall, Recall of Board, Records, Rental Restrictions, Renters, Renting, Reservation of Rights, Reserve Studies, Reserve Study, Restate CC&Rs, Restatement, Restating CC&Rs, Restrictions, Revising Bylaws, Revising CC&Rs, Rewriting CC&Rs, Rule Change, Rule Changes, Rules, Rules and Regulations, Section 1350, Section 1354, Small Claims Court, Smoking Restrictions, Special Meeting, Special Meetings, Sterling, Stock Coops, Tenants, Townhome, Townhomes, Townhouse

California, Christian Attorneys, Christian Lawyers

 




All contents ©2013 MTCLaw.com. All rights reserved.