Overview
If you live in a community governed by an HOA, then you already understand how much power your association holds over your home, your property value, and your quality of life. A well-run HOA can maintain order and protect property values. But a bad HOA (i.e., an HOA from HELL) will drain your finances, upend your peace of mind, and leave you feeling trapped in your own home. When that happens, the attorney you hire to help you matters more than anything else.
So, choosing the right HOA attorney is one of the most important decisions a California homeowner can make when facing an abusive or negligent HOA from HELL. The wrong HOA lawyer will waste your money and possibly your leverage. The right HOA attorney can turn a losing situation into a powerful victory.
For nearly 30 years, I’ve represented thousands of California homeowners in disputes with their HOAs. In fact, I pioneered many of the homeowner-side systems and strategies that other major homeowner-side law firm in the state still uses today. How did that happen? Because the founding shareholders of those firms used to work for me. Those systems and strategies focused on early resolution and enforcement, precision document demands, and tactical use of pre-litigation ADR (mediation) often required under the Davis-Stirling Act. My former employees adopted most, if not all, of my pioneering systems and strategies because they proved so effective, thus cementing in a powerful truth: careful preparation wins cases before they ever reach trial.
I’m also the author of a new groundbreaking, one-of-a-kind book, written for homeowners living in California HOAs. It’s called HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs. It’s a detailed manual aimed at helping homeowners like you fight back and win against HOAs from HELL.
While no law firm can truthfully declare that it has secured more homeowner-side wins against HOAs than any other law firm in California, I wouldn’t be surprised if that were true in the case of the attorneys who have worked for me, including those at my current firm, MBK Chapman.
This Fact Sheet explains how to identify a truly qualified HOA lawyer, why trial leadership still matters, and what questions every homeowner should ask before hiring an HOA attorney to represent them.
For a quick-guide on choosing the right California HOA attorney, see my other Fact Sheet, “How to Choose the Right HOA Lawyer in California: Experience, Costs, and Davis-Stirling Expertise.”
Key Points
Homeowners facing an HOA dispute need more than enthusiasm and slick marketing. They need proven expertise, real trial experience, and a pioneer’s understanding of how to win. Here are the qualities and questions that separate top-tier HOA attorneys from the pretenders (everyone else):
- Named partner trial experience is non-negotiable. Before hiring a firm, ask whether the named partner has personally conducted both jury and bench trials as lead counsel. Make sure that you get a definitive answer to that question. It’s not enough for them to tell you that the firm employs experienced trial attorneys. If the managing (or named) partner does not have any trial experience, how can that attorney lead, guide, or teach the others? This is especially true in situations where the firm’s founder claims expertise on behalf of his firm but has none of his own. When that happens, you’re being manipulated by slick marketing, not substance. In short, a law firm cannot claim true litigation leadership when the person at the top has never been in the arena.
- Davis-Stirling Act fluency is essential. Avoid real estate attorneys who are “generalists.” Prioritize attorneys who regularly litigate cases governed by the Davis-Stirling Act. Familiarity with HOA-based IDR, ADR, and enforcement procedures is far more valuable than general real-estate expertise. A lawyer who truly understands Davis-Stirling Act’s in and outs, fee-recovery provisions, and remedies will be far better equipped to protect your rights and strengthen your recovery.
- Exclusively homeowner-side. Hire an attorney or firm that represents homeowners, and only homeowners. Avoid attorneys/firms who split their time between defending HOAs and homeowners alike. The issues may look similar on paper, but the mindset and strategies are completely different. A homeowner-side firm is built to challenge board misconduct, expose procedural abuses, and hold management companies accountable. A dual-side lawyer, by contrast, spends half their time defending the very practices you’re trying to fight. Your attorney should be fully aligned with your perspective, not hedging loyalty between both sides of the battlefield.
- Law firm publications demonstrate mastery. Before hiring any law firm, spend time reviewing its online publications, especially the articles featured on its website. Are they well-crafted, logically organized, and easy to understand? Do they provide clear insights and practical analysis, or do they read like low-effort SEO filler packed with spelling and grammar errors? Sloppy or generic “content” is a warning sign that the firm may be outsourcing its thought leadership to non-lawyers or AI instead of sharing genuine expertise from experienced attorneys. Even more concerning is the fact that the articles a lawyer publishes under his or her name usually represent their best work. If those articles are disorganized, lack substance, and are full of typos or fragmented sentences, that should tell you everything you need to know. If a law firm is comfortable publishing such sloppy material, you can safely assume they will put even less attention and care into your case.
- Truth-drive, not money-driven. Hire an attorney who values honesty over billable hours. The right lawyer will tell you if your case is weak or if you don’t have one at all, even when it means turning away paid work. If you’re not confident that the firm you’re talking to will be upfront about that, keep looking. A truth-driven attorney protects clients by giving them clarity, not false hope. At MBK Chapman, we turn away far more cases than we accept, because protecting homeowners starts with telling them the truth.
- Insist on a transparent strategy and cost plan. The right HOA attorney will explain each phase of the dispute, from pre-litigation through potential trial, and outline how fee-shifting rules under Civil Code 5975(c) can allow homeowners to recover attorneys’ fees and costs.
The best HOA lawyers aren’t defined by their slick marketing or flashy partners. They’re defined by the strength of their systems and strategies, the skill of their trial work, and the consistency of their victories.
FAQs
Why does named partner trial experience matter so much?
Because no matter how skilled the associates may be, a firm’s leadership shapes its results. A managing or named partner with no personal trial background cannot credibly supervise or lead litigators. Real courtroom experience gives a leader judgment that no amount of delegation can replace.
What makes my firm different from others that claim to represent homeowners?
For nearly 30 years, I’ve pioneered the systems and strategies that define homeowner-side HOA representation. My leadership, and the attorneys who have worked under me, have very likely produced more victories for homeowners than any other firm in California.
Does every HOA lawyer represent homeowners?
No. Many “HOA lawyers” actually represent boards, not homeowners. Verify that your attorney’s loyalty lies solely with homeowners before signing any engagement.
Will my HOA have to pay my attorneys’ fees if I win?
In many cases, yes. Under Civil Code 5975(c), the prevailing homeowner in a Davis-Stirling enforcement action can recover reasonable attorneys’ fees and costs.
Is trial experience still important if most HOA cases settle?
Absolutely. Associations settle quickly when they know the opposing attorney can and will take a case to verdict. Trial-proven lawyers bring credibility and leverage that directly translate into stronger settlements.
Why is choosing the right HOA attorney so critical?
Because HOA disputes aren’t just about money. They’re about your home, your security, and your future. You need representation from an attorney who pioneered this field and whose systems have already proven themselves across thousands of California cases.
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
Amazon | Barnes & Noble
