Description:

We are seeking an experienced HOA and real estate attorney who can independently manage community-association matters while also handling residential and commercial real-estate transactions, disputes, and related advisory work.

Construction-law experience is a meaningful plus, particularly where it intersects with HOA governance, developer transition, construction defects, contractor disputes, mechanics liens, or real-property litigation.

At Bay Legal, PC, we operate by three core principles:
  • Work Hard – Deliver excellent work and practical solutions for every client.
  • Work Smart – Use systems, data, technology, and strong team support to work efficiently.
  • Balance – Build a sustainable, successful legal career without sacrificing your life outside of work.
  • We are looking for attorneys who want to build—not merely maintain—a practice.

Position Overview:
The HOA & Real Estate Attorney will advise and represent homeowners associations, condominium associations, boards of directors, property owners, landlords, tenants, developers, and businesses in a broad range of real-estate and community-association matters.

This role is ideal for an attorney with meaningful California HOA experience who is comfortable counseling boards, interpreting governing documents, managing enforcement and collections matters, addressing governance and operational issues, and handling related disputes. The attorney should also have experience with residential and commercial real-estate matters, including transactions, leases, title issues, property disputes, and negotiated resolutions.

Depending on experience and business-development capability, this position may be structured as an Associate, Senior Attorney, Of Counsel, or Partner-Track role.

Core Responsibilities:
  • Serve as primary or lead counsel to HOA and condominium-association clients.
  • Advise boards of directors regarding governance, fiduciary duties, elections, meetings, rulemaking, records requests, executive sessions, and compliance obligations.
  • Interpret and apply CC&Rs, bylaws, operating rules, architectural guidelines, maintenance obligations, and other governing documents.
  • Handle HOA enforcement matters, including violations, hearings, fines, demand letters, internal dispute-resolution procedures, alternative dispute resolution, and litigation when necessary.
  • Advise associations concerning assessment collection, liens, foreclosure-related issues, bankruptcy considerations, and collection strategy.
  • Counsel clients regarding Fair Housing Act issues, disability accommodation requests, emotional-support-animal matters, discrimination concerns, and related risk-management issues.
  • Handle residential and commercial real-estate matters, including purchase and sale transactions, leases, title and boundary matters, easements, quiet-title issues, partition, unlawful detainer matters, and property-related disputes.
  • Manage negotiations, settlement discussions, mediation, arbitration, and litigation relating to real property and HOA matters.
  • Draft, review, and negotiate contracts, leases, settlement agreements, demand letters, board resolutions, governing-document amendments, policies, and transaction documents.
  • Manage matters from intake through resolution, including client communications, strategy, drafting, discovery, motion practice, hearings, and case management where applicable.
  • Supervise and collaborate with paralegals, legal assistants, drafting personnel, and other members of the firm's legal-service teams.
  • Build and maintain trusted relationships with board members, property managers, owners, brokers, lenders, contractors, and referral partners.
  • Contribute to the firm's templates, systems, internal playbooks, thought leadership, and practice-development efforts.

Preferred Experience:
Candidates should have substantial, hands-on experience in California community-association law, including representation of homeowners associations, condominium associations, boards, management companies, developers, or owners in HOA-related matters.

Strong candidates will have experience in several of the following areas:
  • Davis-Stirling Common Interest Development Act compliance and counseling.
  • HOA and condominium governance, elections, meetings, and board-advisory work.
  • CC&R interpretation, amendment, and enforcement.
  • Assessment collection, liens, foreclosure-related issues, and collections strategy.
  • HOA disputes involving owners, boards, vendors, developers, neighboring properties, or management companies.
  • Fair-housing compliance, reasonable accommodation, disability, and emotional-support-animal requests.
  • Residential purchase and sale transactions, disclosures, title, escrow, and property disputes.
  • Commercial leasing, commercial property transactions, landlord-tenant matters, and lease disputes.
  • Easements, encroachments, boundary disputes, quiet-title actions, partition actions, and nuisance claims.
  • Construction defects, contractor disputes, mechanics liens, developer-transition matters, or construction-related HOA issues.

Requirements:
  • Active and in-good-standing California Bar license.
  • At least 3–5 years of meaningful HOA/community-association and real-estate experience; more experienced candidates are strongly encouraged to apply.
  • Demonstrated experience advising HOA or condominium boards and interpreting/enforcing governing documents.
  • Experience handling residential and/or commercial real-estate transactions, disputes, or both.
  • Excellent legal writing, communication, negotiation, and client-counseling skills.
  • Ability to independently manage a caseload, identify risk, set strategy, and communicate clearly with sophisticated and non-lawyer clients.
  • Strong judgment, attention to detail, organization, and responsiveness.
  • Comfort working in a remote, systems-driven environment with matter-management tools, standardized workflows, performance metrics, and AI-assisted legal technology.
  • Entrepreneurial mindset, accountability, and a commitment to excellent client service.
  • Construction-law experience is preferred but not required.

Benefits:
  • Health insurance
  • Paid time off
  • 401(k)
  • Flexible/remote work options

The Bay Legal, PC Difference

At Bay Legal, PC, you'll join a team that's ambitious, disciplined, and human. You'll get the tools, mentorship, and freedom to grow — without sacrificing balance.