Litigation Guidance for Community Associations

Litigation involving community associations is different from ordinary civil disputes. Board members are volunteers, governing documents are highly technical, and lawsuits often involve overlapping statutory, contractual, and equitable issues.

Our role is to help boards approach litigation in a way that is:

• Strategic and driven towards the condo or HOA’s goals
• Grounded in the governing documents and applicable law
• Designed to resolve disputes efficiently whenever possible

Strategic and driven towards the condo or HOA's goals
Grounded in the governing documents and applicable law
Designed to resolve disputes efficiently whenever possible

Hirzel Law represents community associations throughout Michigan and Illinois, including Metro Detroit, Grand Rapids, Traverse City, Chicago, and the Chicago suburbs.

What We Handle

Common Condo & HOA Litigation Matters

Hirzel Law regularly represents condominium and HOA boards in litigation arising out of disputes that directly affect enforcement authority, property values, and community stability, including:

Enforcement of condominium and HOA governing documents Short-term rental and leasing bylaw violations Commercial use bylaw violations in residential communities Unauthorized construction or modifications without architectural approval Nuisance, parking, and vehicle violations that disrupt the community Developer turnover disputes and failure to transfer control Construction defect and warranty litigation Developer rights to expand, contract, withdraw land, or modify condominiums Assessment, lien, foreclosure, and eviction litigation Defense of owner lawsuits alleging statutory or fiduciary violations Fair housing complaints and civil rights proceedings Election disputes and challenges to board authority Contract disputes with vendors, managers, or service providers Insurance coverage disputes following losses Maintenance and repair responsibility disputes

Many condominium and HOA lawsuits arise because violations were delayed, inconsistently enforced, or allowed to escalate. Early involvement of experienced community association litigation counsel often strengthens enforcement positions and reduces overall legal exposure.

Our Services

How Our Condo Attorneys & HOA Lawyers Handle Litigation

Hirzel Law represents community associations at every stage of the litigation process, including:

Pre-Litigation Evaluation and Strategy

  • Evaluating legal claims and defenses before a lawsuit is filed
  • Advising boards on litigation risk, cost, and potential outcomes
  • Identifying opportunities for early resolution or mediation
  • Preserving evidence and protecting the condo or HOA’s legal position

Litigation and Court Proceedings

  • Filing and defending lawsuits in arbitration, state courts, and federal courts
  • Seeking and defending injunctions and emergency relief
  • Managing motion practice, discovery, and trial preparation through verdict
  • Handling appeals, including preserving issues for appeal and appellate briefing
  • Coordinating expert witnesses in construction, accounting, governance, and other technical matters

Administrative and Regulatory Proceedings

  • Defending community associations in Fair Housing investigations and litigation
  • Representing boards before state civil rights agencies or HUD
  • Advising on compliance during investigations to reduce exposure

Resolution and Risk Management

  • Negotiating settlements that protect the HOA’s finances and authority
  • Advising boards on post-litigation enforcement and compliance
  • Attending mediation to negotiate resolutions to litigation

Our approach to litigation is deliberate and disciplined. The goal is not to litigate for the sake of litigation, but to protect the community association, resolve disputes efficiently, and avoid setting harmful precedent.

Frequently Asked Questions

Condominium & Homeowners Association Litigation FAQs

Litigation should be considered when informal bylaw enforcement, negotiation, or alternative dispute resolution has failed, or when a community association must act to protect its legal rights, finances, or safety obligations. Common examples include ongoing bylaw violations, assessment collection actions, contract disputes with vendors, construction or developer-related claims, or defending lawsuits filed against the association. In many cases, litigation is the only effective way for a condo or HOA board to fulfill its fiduciary duty to enforce the governing documents when voluntary compliance fails.

Litigation allows a condominium or HOA to compel compliance, recover unpaid assessments or damages, and hold developers, contractors, or owners accountable. Consistent enforcement through litigation helps preserve community aesthetics, maintain uniform standards, and protect property values. If violations are ignored, they often multiply and become difficult or impossible to correct. Studies show that homes in community associations often sell for approximately 4% to 6% more than comparable non-HOA properties due in part to uniform enforcement of covenants and community standards.

In many cases, yes. Governing documents and state statutes frequently allow community associations to recover reasonable attorney’s fees and costs when enforcing governing documents, collecting assessments, or prevailing in certain types of litigation. Attorney fee recovery provisions help prevent enforcement costs from being unfairly shifted to compliant owners and serve as a deterrent against future violations.

HOA boards should always evaluate settlement options, but settlement decisions must be informed and strategic. Early guidance from a community association litigation attorney helps boards avoid settlements that weaken bylaw enforcement authority, encourage future bylaw violations, or create unfavorable precedent that can negatively impact property values and governance.

The timeline for resolving condo and HOA litigation cases depends on the nature of the dispute, the parties involved, and whether the matter resolves early or proceeds to trial. Some community association disputes resolve quickly in a matter of months, and others resolve at other points in the litigation process that could take years. Approximately 95% of all civil cases are resolved through a settlement at some point in litigation.

A condo or HOA board should involve a community association litigation attorney as soon as litigation is threatened or reasonably anticipated. Early legal involvement from a condo or HOA attorney helps boards avoid unintentional admissions, preserve evidence, meet deadlines, evaluate exposure, and often reduce overall litigation costs.

Resources

Condo & HOA Litigation Resources by State

Community association litigation is shaped by state law, governing documents, and case law decisions. Boards seeking additional guidance may find the following resources helpful:

• Michigan Condominium & HOA Litigation Articles • Illinois Condominium & HOA Litigation Articles

Your Condo or HOA needs the Right Litigation Strategy

If your condominium association or homeowners association is facing a lawsuit, threatened litigation, or a dispute that may escalate, experienced community association counsel matters. To speak with a condo attorney or HOA lawyer about litigation in Michigan or Illinois, contact Hirzel Law.

Contact Hirzel Law
or call (866) 394-4642

Why Hirzel Law

Why Boards Choose Hirzel Law for Condo & HOA Litigation

Hirzel Law represents community associations in litigation. Litigation is often avoidable, but when it occurs, condominium and homeowners associations need counsel who understands both courtroom strategy and community-association realities.

Our attorneys include members of the College of Community Association Lawyers, which has recognized fewer than 200 of the approximately 4,000 community association attorneys nationwide.

Condo and HOA boards rely on us because we:

  • Have represented over 2,000 clients on condominium and homeowners association issues
  • Focus our practice on community association law
  • Serve condominiums and homeowners associations throughout Michigan and Illinois
  • Are actively involved in the Community Associations Institute (CAI)
  • Have received peer recognition from Best Lawyers, Leading Lawyers, and Super Lawyers
  • Are responsive, results-oriented, and provide resources to educate our HOA clients

We help community association boards resolve litigation matters effectively while protecting the association’s authority, finances, and long-term stability.