 GENERAL COUNSEL
We advise boards of directors on compliance with the Davis-Stirling Act, the Commercial CID Act, the Corporations Code, anti-discrimination laws, and all applicable administrative regulations and statutes affecting common interest developments.
We also advise boards on issues involving day-to-day operations, including interpretation and enforcement of governing documents, fiduciary duties of directors, amending and restating governing documents, preparing and enforcing vendor contracts, board meetings, election issues, employment law, etc.
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 CONTRACT LAW
Associations regularly enter into agreements with contractors and vendors, including landscapers, roofers, plumbers, painters, management, and the like. Proposals and form contracts provided by contractors and vendors are, more often than not, more favorable to them and not to their associations. Bids often lack specificity regarding important terms such as time, place, scope of work, schedule of work, liability, termination, insurance, etc. On top of that, associations’ governing documents commonly have limitations on contracts. Our firm regularly drafts, reviews, negotiates, interprets, and enforces contracts.
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 GOVERNING DOCUMENTS
ADAMS|STIRLING offers a complete document amendment and restatement program. Governing documents are the heart of any community association. If they are not properly written, your association can be exposed to potential liability and needless legal expenses.
If your documents predate laws addressing important topics such as assessment collection, election rules, document disclosures, and water damage claims, you need to update your documents.
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 LITIGATION SERVICES
Our goal is to keep clients out of costly litigation. To that end, we provide boards with risk analyses, cost estimates, and options to avoid conflict. When conflict escalates, we prepare for and represent associations in various forms of dispute resolution, including internal dispute resolution (IDR), mediation, and arbitration proceedings (collectively, ADR). Our litigation services include oversight of insurance-appointed defense attorneys. We provide an independent evaluation of the quality of the defense team's work on behalf of the association. |
 RULES & REGULATIONS
Boards of directors adopt rules and regulations to establish orderly and peaceful relations between residents and their use of the common areas. Associations should adopt and publish to the membership the following rules and regulations: Architectural Guidelines, Assessment Collection Policy, Dispute Resolution Policy, Anti-Harassment Policy, Election Rules, a Fine Policy, Membership List Policy, ADU Policy, Elevated Structures Inspection Policy, Electric Vehicle Charging Station Policy, Solar Panels Policy, and a Disability Accommodation Request Policy.
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 MAINTENANCE & MOLD
Maintenance Duties. Maintenance obligations are often poorly defined in an association's governing documents. As a result, when something fails and damage occurs, insurance carriers, boards of directors, and homeowners disagree over who was negligent and who should pay for the damage. We provide boards with policies and procedures, as well as legal counsel, regarding water damage disputes, mold liability, CC&R interpretation, insurance claims & disputes, etc. Once everyone's maintenance obligations have been determined, a "Maintenance Chart" should be created.
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 SENIOR COMMUNITIES
We represent a large number of 55+ senior communities throughout California. They range from gated golfing communities to mobile home parks and everything in between. This area of the law presents special challenges to seniors, such as age verification policies & procedures, children as caregivers, group care homes, challenges of aging in place, enforcement of restrictions, pets and service animals, emotional support animals, and Use of recreational facilities.
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 DEVELOPER ISSUES
For new communities, transitioning from developer to homeowner control is especially important for an association in both the short- and long-term. We assist boards through the developer transition by (i) assisting with the election of new directors, (ii) ensuring the transfer of documents, (iii) reviewing requests for assessment bond releases and potential claims against the bonds, (iv) training new boards to make it easier for them to fulfill their duties as directors, and (v) reviewing and amending governing documents to tailor them to the new community.
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 DISABILITY & FAIR HOUSING
Community associations have increasingly been the target of disability and Fair Housing claims. We guide boards through investigations by various regulatory agencies and, if necessary, defend against lawsuits brought by disability advocacy groups. We handle all levels of representation from administrative hearings to state courts, to federal court trials, and appeals. We review and revise rules and regulations to remove discriminatory language and draft policies and procedures for our clients for nondiscriminatory facility usage.
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 COMMERCIAL & INDUSTRIAL ASSOCIATIONS
Commercial and industrial common interest developments are a significant and growing segment of the industry. So much so that in 2014, the legislature carved them out of the Davis-Stirling Act and created a separate body of law called the “Commercial & Industrial Common Interest Development Act.” Our attorneys represent a large number of commercial and industrial associations as well as mixed-use associations.
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If your Board needs assistance, we are friendly, and our rates are competitive.
With offices throughout California, we guide boards on legal compliance.
REQUEST A PROPOSAL
for legal representation
(800) 464-2817
[email protected]
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