Davis - Stirling Attorneys
Michael T. Chulak & Associates, a Law Corporation has extensive experience in homeowner association law including all aspects of the Davis-Stirling Act. We provide services throughout California in the following areas:
Davis Stirling Act - Frequently Asked Questions
Q: What is the Davis-Stirling Common Interest Development Act?
Q: How long have common interest developments existed in California?
Each year the percentage of homes in California within common interest developments increases. By the year 2050 it is expected
that more than 85% of private homes in California will be part of a common interest development.
Amendments to Davis - Stirling Act
The Davis-Stirling Act was enacted by the California legislature
in 1985 and became law effective January 1, 1986. It has been amended every year
since 1986. There have been more than 50 amendments since that date. Many of
the amendments are quite significant.
Call Michael Chulak regarding the Davis-Stirling Act or any other homeowner association related legal or management question. Initial consultations are at no cost.
HOA Attorney Seminars
Michael T. Chulak & Associates offers free homeowner association legal seminars throughout California.
There is always a question and answer session. Valuable handouts are provided.
Make reservations now; seating is limited. Call (818) 991-9019 or view schedule of seminars and register online. Schedule is updated monthly.
Arrange a Private Free
You can arrange a private, free homeowner association seminar for your homeowner association, real estate brokerage office or other similar group anywhere in Los Angeles or Ventura counties by calling (818) 991-9019 or via email. We ask that a minimum of ten people attend.
Why CC&Rs Must Be Updated
Imagine you are driving down a
highway when you see a 70 MPH highway sign. You are driving exactly 70 MPH. A
CHP officer pulls you over and states that he stopped you for speeding.
Ask Yourself - What is the result if your Association's CC&Rs do not reflect the current law? Will someone end up like the driver described above?
Remember - the Davis - Stirling Act which is the primary body of homeowner association law (and the basis of your CC&Rs) was adopted in 1985 and has been revised every year since that date.
Ask Yourself - Are your homeowner association's CC&Rs misleading the following:
Can't Afford Restated or Amended CC&Rs?
Q: Our homeowner association is relatively small and can’t afford to restate or amend its CC&Rs even though they are obsolete. Do we have any options?
A: Yes. For a substantially reduced fee, we can review your CC&Rs and provide your HOA with a “CC&R Advisory” that can be distributed to the members of your homeowner association and attached to the association’s CC&Rs.
The CC&R Advisory is not a restatement or amendment and is not recorded. It does not have to be approved by the membership of your association. The CC&R Advisory is a legal opinion setting forth a summary of the major changes to the law enacted since your CC&Rs were approved and recorded. While not as beneficial as a restatement of your CC&Rs, it provides a valuable service at less than 20% of the cost.
CC & Rs Maintenance Matrix - $660
If your homeowner association board is having difficulty determining whether association or individual homeowners are responsible for the maintenance of various building components, we can help you by reviewing your CC&Rs and then preparing a CC&R Maintenance Matrix. For $660, your association should be able to eliminate most arguments about maintenance responsibilities and minimize the chances that it will be involved in litigation over maintenance issues. Call us today if your HOA is located anywhere in California.
Assignment of Rents
Homeowner associations can often seize the rent due from tenants who occupy homes owned by owners who are behind on their assessments or dues, if their CC&Rs permit the action. If your association’s CC&Rs do not permit the seizure of tenant rents, your CC&Rs can be amended to permit this highly effective collection method. Drafting a single Assignment of Rents Amendment, can be done for the cost of $350. Why wait? Why let delinquent homeowners collect rent and not pay the association? Has your association lien service made this recommendation? Call us to get started.
HOA Assessment Collections
Michael T. Chulak and Associates represents homeowner associations throughout California in collecting delinquent assessments. No initial fee or deposit is required. While our collection procedures rarely require us to proceed to foreclosure, our firm uses both the judicial foreclosure process and the non-judicial foreclosure process when it becomes necessary. Only a law firm can foreclose judicially. Lien services may not use the courts and are required to foreclose non-judicially. The judicial foreclosure process is often superior because a deficiency judgment is possible to obtain and the threat of a lawsuit tends to force the debtor into an early resolution.
No Initial Fee Assessment Collections
The "No Initial Fee Assessment Collection Service" offered by Michael T. Chulak & Associates provides the following benefits to homeowner associations:
You may ask: Why do lien services use only the non-judicial foreclosure process to collect delinquent assessments? The answer: Only attorneys can practice law by filing lawsuits and using the courts.
If your association is experiencing delinquent assessments, call us today for a no cost consultation.
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.
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.
Construction Defect Seminars
Michael T. Chulak & Associates offers construction defect legal seminars to members of homeowner associations who believe their homes and/or association property has construction defects.
There is always a question and answer session designed to answer legal and construction questions.
Legal Review -
Hiring an HOA management company is one of the most important and challenging decisions to be made by the board of directors of a homeowner association. We can assist your board make that decision by providing a legal review of the proposed property management agreement for any association located in California. For $150, we will do the following:
At the conclusion of our review, we will provide your board of directors with a letter outlining our findings and opinions.
We urge you to avoid signing a management agreement that you will regret at a future date. Spending $150 now may save your homeowner association thousands of dollars later.
Michael T. Chulak & Associates represents homeowner associations and property owners throughout California on a contingency basis in dealing with builders who are responsible for defective construction, including mold infestations. Generally, we can meet or beat the contingent fee percentages proposed by our competitors. We regularly advance all or some of the costs of litigation including expert fees.
Associations and property owners should know their legal rights and not be misled or intimidated when attempting to seek redress for construction defects. The attorneys with Michael T. Chulak & Associates are available to assist you in this regard. We are homeowner / consumer advocates.
Many homeowner associations and homeowners in California new home developments are finding that the common areas of their communities and their individual homes have construction defects which are not attributable to the lack of ordinary maintenance. These construction defects include roof leaks, deck leaks, mold infestations, deteriorating streets, improper drainage, structural failure, inadequate soil preparation, faulty electrical wiring, insufficient insulation and sound proofing, inadequate equipment, cracked slabs, peeling paint and other defects too numerous to list. The construction defects can be caused by poor design, poor construction, poor choice of materials or defective materials.
Nearly all CC&Rs impose upon homeowner associations the duty to maintain and repair the common areas. Legally, this duty includes paying for the correction of defective conditions, including those set forth above. These repairs, which can be quite expensive, can be paid for in several ways:
Developer to Homeowner Transition
Every new community association will transition from developer (subdivider) control to homeowner control. Sometimes the transition is smooth. Sometime it is not.
Professional developers will usually hire an HOA Transition Consultant such as Michael T. Chulak & Associates to assist in the turnover of responsibility to the homeowners. Other developers do not hire a transition consultant leaving the homeowners at a substantial disadvantage.
The HOA transition services offered by Michael T. Chulak & Associates include the following:
A question and answer session to answer any questions not otherwise addressed.
Transition Consultants should always represent the association, and not the developer, regardless of which entity pays the consultation fee.
Section 2792.23 of the Regulations of the Real Estate Commissioner of California sets forth the documents developers (subdividers) are required to turn over to homeowner associations that they form.
Why Management Companies Should Not Provide
Management companies should not provide property maintenance services directly (including handyman and landscape maintenance) because providing these services directly creates a conflict of interest with their HOA clients that cannot be addressed satisfactorily.
Management companies have the responsibility (a fiduciary duty) to make certain that their clients receive the greatest value possible for every dollar spent on property maintenance services. This means the management company must make certain that their clients do not pay an excessive billing rate, do not pay for an excessive number of hours billed, do not pay for inferior work, do not pay for unnecessary work, and that maintenance is scheduled so as to minimize the number of service calls in order to minimize the client’s overall cost.
Management companies that provide property maintenance services directly are in business to maximize their profit. This legitimate goal is in direct conflict with the property owner’s goal of minimizing maintenance costs, We believe a management company cannot reconcile this conflict of interest if it provides maintenance services directly to its clients. For example, it is possible that the need to meet payroll costs could influence the management company’s judgment as to how much maintenance is “necessary” at client properties.
A management company that hires only independent, third party property maintenance companies has the incentive and ability to fully protect its clients without regard to the profitability of the maintenance operation. A management company that provides maintenance services directly may not have the same incentive or ability.
By law, a management company, as agent for the owner, has the duty to put the client’s interest above its own. Your management company should do exactly that.
For additional information about construction law, construction defects, homeowner association law or any other legal matter call us today for a no cost consultation.
HOA - Condominium Association Receiverships
Attorney Michael Chulak is available to provide receivership services for homeowner associations that have become insolvent and/or dysfunctional. In addition to being an experienced HOA attorney, Michael Chulak is an owner of a homeowner association management company, CoastManagement.net, established in 1987.
HOA Laws and Rules
Our links above provide direct access to the Davis-Stirling Act which is the primary body of law dealing with common interest developments including condominiums, planned developments, stock cooperatives, and community apartment projects. Our link to HOA Questions and Answers provides answers to the most common questions encountered by members of homeowner associations with an emphasis on HOA Law, HOA Rules, CC&Rs, Bylaws and Construction Defects.
HOA Law Articles
We add articles to this section of our website on a regular basis:
Real Estate Law Articles
Business Law Articles
Homeowner Association Problems
Call us today for a no cost consultation regarding any homeowner association problem or send your question to us via email from our HOA Questions and Answers link above. This is your opportunity to obtain assistance from a California HOA attorney.
ALS Matching Funds
Michael T. Chulak & Associates will match your tax deductible donations to ALS Association. ALS is also referred to as Lou Gehrig's disease.
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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.
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Santa Barbara County:
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San Diego County:
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San Luis Obispo County:
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