There is no law category or division for HOA law. It’s part of Property Law.
A number of attorneys advertise that they are experts in HOA law — and are debt collectors, too — giving the false impression that only these self-appointed few are capable of handling HOA cases. Many times they are brought to homeowner associations board meetings when members have a difference of view point with the board in an attempt to intimidate the outspoken homeowners.
Now, with factual evidence from OAH decisions regarding HOA complaints, all brought by homeowners, and most representing themselves as a Pro Per, the myth of the HOA expert has been pierced. The results of some 24 decisions over the first year of OAH adjudication reveals that the HOA “expert” has been right just slightly more than 50%, and that’s against Pro Pers or non-HOA expert attorneys. Homeowners who must deal with the “expert” at a board meeting should remind those in attendance that the pronouncements of the HOA attorney are indeed not reflecting 100 % correctness or finality, but just about 50% of “finality”. That these attorneys are not HOA Gods, and can be challenged and defeated!
Practicing attorneys with litigation experience should not decline to take on homeowner complaints when told that there is a 50% chance of challenging these self-appointed attorneys and winning.
