California Homeowners Association Lawyer
Aggressively assisting communities throughout Kern County
A successful homeowners association (HOA) protects the value of your property by managing common areas in subdivisions, planned unit developments and condominiums, and establishing and enforcing rules and policies for all property owners in your community. Improving quality of life and real estate value must be balanced with the freedom of property owners to use their real estate as they see fit. With his 27 years of experience, Michael Whittington protects the legal rights of homeowners and HOA boards throughout Kern County.
Homeowners associations powers and obligations
Most HOAs are nonprofit corporations with a board of directors elected by its members. California law governs each HOA’s powers and obligations. The board is tasked with crucial duties, such as:
- Developing rules and policies
- Enforcing covenants
- Levying fines and conducting proceedings against violators
- Paying taxes on common areas
- Handling all insurance issues, including paying premiums
- Preparing accounting and financial statements
- Maintaining common areas
- Contracting with workers and vendors
Supporting homeowners associations in performance of their duties
Michael supports HOAs in cases involving:
- Incorporating HOAs
- Developing covenants that comply with California law
- Enforcing restrictions on property owners
- Defending boards and members from lawsuits by property owners
- Zoning and permitting issues
- Financial matters related to the community common areas
- Levying fines and enforcing the covenant
- Obtaining judgments and liens for unpaid dues and assessments
Protecting homeowners’ property rights
If you are a homeowner, Michael assertively handles issues that include:
- Challenging adverse HOA decisions
- Fighting policies and rules that violate your property rights
- Defending you against unfair fines and enforcement actions
- Bringing issues before the board
- Demanding enforcement on other property owners
- Representing your interests when HOAs attempt to increase dues or levy special assessments
- Removing board members from board
Legal role of directors
Each director has a fiduciary duty to the HOA members and must act in good faith to perform all the requirements of the post. A director cannot be held personally liable for breach of contract except under very specific circumstances — such as the director assumed personal responsibility for a debt or performed actions without authority to do so. Michael defends directors against accusations of wrongdoing. If a director does not conform to responsibilities imposed by the board, Michael seeks removal.
Contact a determined Bakersfield homeowners association lawyer
Michael T. Whittington is located in Bakersfield, California and represents clients throughout Kern County including Bakersfield and Tehachapi.
Call Michael T. Whittington at 661-379-7033 or contact the firm online to schedule your free consultation.