1. Initial Case Evaluation

Goal: Determine if the client has a viable claim.

• Review HOA governing documents (CC&Rs, bylaws, rules).

• Examine all correspondence, fines, photos, board decisions.

• Verify if there’s a breach of duty, legal violation, or procedural failure.

• Confirm deadlines under applicable state HOA laws or statutes of limitations.

2. Notice to HOA / Informal Resolution Attempt

Goal: Resolve the issue quickly without litigation.

• Draft and send a strongly worded notice letter outlining:

  • The violation or grievance

  • The HOA’s obligations

  • A clear request for remedy

  • A deadline for response (usually 10–30 days)

• Attach legal justification and evidence if helpful.

• Many HOAs respond favorably at this stage if they perceive legal risk.

3. Alternative Dispute Resolution (ADR)

Goal: Comply with HOA dispute requirements and avoid court.

• Mediation: A neutral mediator facilitates negotiation. Often required by state law or HOA bylaws before suit.

• Arbitration: May be binding or non-binding, depending on HOA contract terms.

• Some states (like California) require ADR efforts before a lawsuit can be filed in HOA matters.

4. Formal Demand Letter

Goal: Escalate pressure with legal weight.

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• Drafted on firm letterhead and includes:

  • Specific legal citations

  • Threat of legal action

  • Demand for compensation, specific performance, or injunctive relief

• Often triggers more serious internal HOA review or insurer involvement.

5. Filing a Lawsuit

Goal: Seek enforcement or damages through the court system.

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• Complaint Filed in Civil Court: Alleging specific causes of action (e.g., breach of fiduciary duty, negligence, discrimination).

• Service of Process: HOA served with the complaint.

• Discovery Phase: Gather HOA board minutes, records, correspondence, etc.

• Motions: Motions to dismiss, compel, or for summary judgment may occur.

• Trial or Settlement: Many cases settle before trial, often after discovery reveals key evidence.

6. Court Remedies Sought

Depending on the case, the client may pursue:

• Injunctive Relief: Forcing the HOA to take or stop a specific action.

• Compensatory Damages: For property value loss, repairs, emotional distress, etc.

• Declaratory Relief: A legal judgment clarifying rights under the HOA rules.

• Attorneys’ Fees: In many states, prevailing owners can recover legal fees from the HOA.

7. Appeal or Enforcement

• If the HOA refuses to comply with a judgment, enforcement motions can be filed.

• If the outcome is unfavorable, appellate review may be considered.