Overview
Choosing the right HOA attorney is one of the most consequential decisions a homeowner can make when a dispute escalates. The wrong lawyer wastes money, loses leverage, and can permanently weaken your case. This Fact Sheet gives the practical questions to ask, the qualifications that matter, and the single most important closing test every homeowner must demand before hiring a firm: does the named partner have real trial experience?
For a quick-guide on how to know when it’s time for you to hire an HOA attorney to help you, see my Fact Sheet “When to Contact a California HOA Attorney: Fees, Fines, Records, and Homeowner Rights Explained.”
Key Points
Hiring the right attorney starts with the right questions. Below are the essential criteria every homeowner should evaluate when choosing HOA counsel, and why each matters:
- Named partner’s personal trial experience. This is perhaps the least-discussed, least-known, but perhaps the most important tip I can offer you (but it’s a gem, so take it seriously). Before you hire an HOA attorney, even one that mass markets itself as an experienced HOA law firm, be sure to ask this one very specific question:
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“Has the named partner of this law firm personally conducted both jury and bench trials as lead counsel?” Make sure that you get a definitive, and specific response. If the named partner has never tried a case on their own, how can the law firm claim HOA litigation expertise? And don’t accept vague claims about the experience that “the team” has. That is not a substitute for a partner who, lacking practical experience, has no way of supervising, guiding, or leading the attorneys below him or her. If you get a “no” response, go elsewhere.
- Evaluate the firm’s published articles and resources. Before hiring, read through the firm’s online articles and blog posts. Are they grammatically correct, clearly written, and easy to follow? Do they provide genuine analysis and practical takeaways, or do they read like keyword-stuffed SEO dumps filled with typos, repetition, and fragmented sentences? Poorly written “content” is a red flag that the firm may be outsourcing its thought leadership to non-lawyers or even AI, instead of offering real expertise from experienced attorneys.
- Practical courtroom and negotiation skills. HOA disputes often pivot at hearings, mediations, or preliminary motions. You want an HOA attorney who can try a contested injunction, rebut a board’s enforcement record, and litigate fee disputes under Civil Code 5960 and 5975. These are courtroom and negotiation skills you can’t judge from marketing copy. They show up in outcomes.
- Proven Davis-Stirling experience. Look for lawyers who regularly handle HOA matters under the Davis-Stirling Act. Experience with hearings, IDR, ADR, and enforcement cases matters far more than a generic real-estate practice. An attorney who knows the ins and outs of the Davis-Stirling Act, including its deadlines, fee-shifting rules, and remedies, will go a long way toward ensuring that your rights are protected and your damages are maximized.
- Track record in HOA litigation and ADR. Ask for concrete examples of recent IDR/ADR outcomes and litigated matters. Firms should cite representative matters (without violating confidences) showing favorable settlements, injunctive relief, or fee awards under Civil Code 5975. If a firm cannot point to actual HOA disputes they’ve handled, that is a red flag.
- Transparent fee structure tied to realistic strategy. Request a written fee estimate and a clear explanation of cost drivers. Ask how fee shifting under the Davis-Stirling Act (Civil Code 5975) might affect net costs and whether the firm advances costs. A realistic cost plan prevents surprise bills and shows the firm understands practical risk allocation.
- Local knowledge and process fluency. HOA practice varies by county and by judge. The right lawyer knows local courthouse practices for demurrers, motions for summary judgment, and other pre-trial and trial-related matters. Local familiarity reduces procedural errors and shortens timelines.
Taken together, these criteria let you separate marketing from substance and hire counsel who can both prevent avoidable mistakes and, if necessary, win in court.
FAQs
What should I ask first when I call an HOA law firm?
Start with: (1) Do you handle HOA matters under the Davis-Stirling Act regularly? (2) Does the named partner have personal trial experience as the lead attorney?
If the firm says “we have tried cases,” what follow-ups should I ask?
Ask for the number of trials the named partner has personally tried. If the individual consulting with you doesn’t know the answer, or even worse, refuses or dodges the question, treat that as a significant warning sign.
What does “named partner personal trial experience” mean and why does it matter?
It means the managing or named partner has personally conducted both jury and bench trials as lead counsel, not merely assisting or relying on attorneys who he or she has hired. Trial-experienced partners bring courtroom judgment, credibility with judges, and the ability to carry a case from filing through final judgment. If a firm emphasizes only associates’ trial experience or “we have litigators,” insist on a straight answer about the named partner.
Can I rely on a firm that markets itself heavily online but won’t answer trial experience questions?
I wouldn’t. Good marketing can easily be mistaken for experience or substance. The last time I checked (and I don’t believe that anything has changed over the last few years), the named partner of one of the most effectively marketed HOA law firms in California happens to have absolutely no actual first chair trial experience of his own. But he’s a marketing genius. And he’s positioned his firm as a thought leader in this industry despite not having a deep understanding of the law.
How can I tell if an HOA law firm’s online articles are trustworthy?
Look at the quality of their writing. Articles should be grammatically correct, organized, and easy for a homeowner to understand. They should provide real analysis and show knowledge of the Davis-Stirling Act, not just recycle generic talking points. If the articles are riddled with typos, vague statements, or appear to be keyword-stuffed SEO dumps, that signals the content may not be written by attorneys at all. It also signals that the firm may not have the depth of real expertise that it claims.
How do I verify a firm’s Davis-Stirling experience?
Ask for representative matter summaries, recent outcomes in IDR/ADR or enforcement cases, and examples of fee awards under Civil Code 5975. Ask them what percentage of their practice is dedicated to HOA matters.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL
YOU CAN ALSO ORDER MY GROUNDBREAKING BOOK
HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs
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