Real Estate & Property Law

That HOA or CONDO Attorney (Manager, Board Member, Neighbor, etc.) is a Rat!

In the condo and HOA setting, I often hear something like this:

That other attorney (person, board member, neighbor, etc.) is a rat. There is no way this is going to settle without a lawsuit. Are you an attorney that will "attack"?

First of all, I will say that I am an attorney that will try and figure out the best way to resolve a legal (or practical, if that comes before me) problem for a client, and a lawsuit is never the "best" way. The "best" way is one that is time and cost efficient, and that gets the client a very good, or in cases where the client has done something along the way that complicates things, a reasonable outcome.

If you go to an attorney and they discuss no other options than suing the other side, you are not getting the full gamut of options. It is different if you are named the defending party in a lawsuit because in that case you cannot avoid working within the lawsuit parameters, which mean that timelines and procedural requirements must be met, even if settlement discussions are occurring. But even if you are on the defense side, any attorney should be discussing all options, not just those within the lawsuit.

So what are the other options? They might include simply complying, walking away, or giving in; talking with the "other side", negotiation, conciliation, seeking agreement to consider an outside expert's opinion on the situation, mediation, (and maybe even "meditation" because although this is not a recognized means to a remedy, you can think better with a clear head), and/or arbitration. People just simply do not comprehend well what a lawsuit means in the big picture. Here is a somewhat accurate analysis, money, stress, possibly adverse rulings, more stress, time away from home or work, more stress, more money, rules, rules, rules, and big egos, [in many cases] attorney strutting and positioning, more stress and more money. Of course, I do not want to belittle the process if there is a lot at stake, and you are "right on" with the legal side of things. Sometimes matters reach the point where litigation is the "only way left" and that, my friends, is the only time that I believe it should be Attorneys should promote litigation.

Now, to address the complaints and name calling of the people on the "other side" of a legal dispute:

First, attorneys: Yes, I will say there are some "rats" out there. However, any attorney has to take the information of their clients at face value, at least in the beginning, until more "comes out", and sometimes then, with more ethical attorneys, as they find out that they did not get the full picture, or all of the facts, or that their client is actually "the problem", there should be a recognizable shift toward consideration of looking for a solution other than court or a trial. So don't go to sleep at the wheel once a legal demand is made. Instead, "enlighten" if there is counter information you don't think the attorney knows.

Boards: Even boards who do things wrong intentionally can do a turn-around if they have an attorney who provides them a reality check and tries to get them to set things right, so keep the name calling and posturing and ill-assumptions out of the room and the door open to re-assessing the situation.

Neighbors and other persons: Individuals often act out of "the passion of the moment" and may do things that deserve criticism, sometimes very strong criticism. Sometimes they do very sorry things and are sorry afterward, but do not know how to get out of the corner they painted themselves into.

But, if you can overlook their mood, and resist reacting in kind or calling them names, at some point, they may turn. I have seen it many many many times.

Most people just want peace in their homes, condos and HOAs. And most, once they realize there are rules, guidelines, and boundaries, and that they are not 100% right about everything, will evolve from what seems to be a rat ... into a hamster (notice I did not say "silk purse") which is more tolerable to most people.

Full post as published by California Condo & HOA Law on August 08, 2009 (boomark / email).