LITIGATION AND APPEALS
It is our goal to provide Associations with legally conservative advice and opinions, as well as viable legal options and recommendations as part of the decision-making process. We try to avoid costly litigation, however, at times, this may be the most effective remedy for the Association.
The firm offers complete representation in lawsuits on behalf of and in defense of Associations and Directors, from filing of lawsuits through trial, including complex and multiparty litigation. This includes the preparation and filing of appeal briefs and oral arguments in all state, federal and supreme appellate courts.
Our litigation practice includes many landmark decisions effecting Community Association law:
Lake Arrowhead Chalets Timeshare Owners Assn. v. Lake Arrowhead Chalets Owners Assn. (1996) 51 Cal.App.4th 1409, which defined the extent to which corporate members are entitled to approve amendments that affect voting rights.
Villa de las Palmas v. Terifaj (2004) 33 Cal.4th 73, California Supreme Court case which recognized a presumption of validity for CC&R amendments approved by Association members.
Bear Creek Master Assn. v. Edwards (2005) 130 Cal.App 4th 1470, which established that assessments may properly be charged to the owner of unbuilt condominium units.
Starlight Ridge South v. Hunter-Bloor (2009) 177 Cal.App 4th 440, which held that the past conduct of the Association and owners could be used to help interpret ambiguous CC&R provisions.
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Affiliations
Fiore Racobs & Powers is a founding member of California Association of Community Managers (CACM), and active in Community Associations Institute (CAI) and the California Legislative Action Committee. We are members of the regional chapters of CAI, including: CAI-Orange County Chapter, CAI-Greater Inland Empire Chapter, CAI-Coachella Valley Chapter, CAI-Greater Los Angeles Chapter, CAI-San Diego Chapter and CAI-Channel Islands Chapter.
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Affiliations
Attorneys Richard S. Fiore, Janet L.S. Powers, John R. MacDowell and Erin A. Maloney, are members of the College of Community Association Lawyers (CCAL). Fewer than 175 attorneys nationwide are admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the country.
CCAL consists of attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL fellows are also recognized for committing themselves to high standards of professional and ethical conduct.
