First, what indeed does a lawyer do? There are family, corporate, injury, property, constitutional, etc. lawyers with specialty in that particular area. Of course, we see lawyers saying they can represent you in many areas. Ahem! Second, there is the level of expertise and competence in their chosen field.
Now a homeowner needs to find a litigation attorney with expertise in the courts and lawsuits. You need a litigation attorney when dealing with a rogue board that ignores the law and governing documents. (Please don’t be afraid to call it like it is). Sitting down in a delusional kumbaya scenario is laughable to a rogue board (not aloud of course). But going to court introduces another important element that has a direct bearing on the judge’s decision: the specifics of the relevant HOA, contract, and property laws and precedent — decisions in prior related cases. And don’t forget the governing documents.
And guess who has the most credibility, as they frequently remind everyone, but good ol’ CAI. And the local CAI attorney has the benefit of CAI Central’s collection, distribution, and advice on HOA related cases across the country. So, which way will the judge lean when no one offers opposing arguments? Towards the experts in HOA-Land law or towards the stumbling local run of the mill attorney? Don’t miss understand me, I’ve witnessed some damn good, highly paid attorneys fall by the wayside.
Therefore, what must be done to achieve a balance and justice for you, the homeowner under the gun? Obviously, the attorneys must be educated, and those already educated and knowledgeable must speak out. Where does it begin?? In the law schools across the country that have played their part by errors of omission in failing to educate budding lawyers going forth in ignorance of HOA injustices.
HOA Constitutional Government 