Deutsch & Associates Services

Summary of Services

Association Member Discipline

Whether representing an association or an association member, Deutsch & Associates ensures that member discipline and architectural review proceedings are handled fairly, appropriately and according to the association's governing documents and the law.

Community Association Counsel

As Association Counsel, Deutsch & Associates offers services including governing document drafting, revision, interpretation, and enforcement, handling construction defect claims, advising Boards of Directors as to their rights and duties under the governing documents and the law, defending the association against legal claims by association members as well as third-parties, assisting in the conduct of meetings and elections, and advising Boards of Directors in connection with the day-to-day business operations of the association.

Management Counsel

Deutsch & Associates offers legal services to professional managers of common interest developments in matters involving contract negotiation and review, contract disputes, employment issues, insurance issues, liability claims and indemnity rights, and fiduciary issues.

Real Estate & Homeowner Counsel

Deutsch & Associates handles a wide range of residential real estate matters, representing buyers, sellers and property owners. The firm is one of very few in southern California which emphasizes the representation of members of homeowners associations (and other common interest developments) in connection with association issues, including but not limited to governing document enforcement proceedings, architectural review proceedings, senior and fair housing issues, and disputes with association boards of directors.

Litigation & Arbitration

The attorneys of Deutsch & Associates have extensive experience in prosecuting and defending a broad range of real estate, commercial and general civil matters through jury trials, bench trials and arbitration proceedings.

Mediation

Mediation is a confidential meeting between disputing parties and a trained neutral mediator who guides a discussion of issues towards a mutually acceptable agreement

The mediator has no power to impose a solution or order any action. The benefits of using mediation, instead of litigation or arbitration, to resolve disputes include:

Saves Time, Money and Stress. Mediation can help the disputants avoid the cost, stress, and delay of litigation. The parties can set the date, time and location of the mediation, rather than being subject to randomly set court dates. Mediation can usually be scheduled in 7 to 10 days. It usually takes a year or more for the judicial system to bring a case to trial. Litigating a dispute involves enormous cost. An argument over a tree is simply not worth the high fees charged by attorneys.
Saves Time, Money and Stress. Mediation can help the disputants avoid the cost, stress, and delay of litigation. The parties can set the date, time and location of the mediation, rather than being subject to randomly set court dates. Mediation can usually be scheduled in 7 to 10 days. It usually takes a year or more for the judicial system to bring a case to trial. Litigating a dispute involves enormous cost. An argument over a tree is simply not worth the high fees charged by attorneys.
Flexible Solutions. In litigation there are limited remedies available to a judge to resolve a dispute. Mediation allows the parties to forge their own creative solution to a dispute. There are limited remedies available to a judge to resolve a dispute. Mediation allows the parties to take non-legal (emotional) as well as legal interests into consideration. Mediation allows parties to express their personal concerns, anger or hurt feelings. The parties can forge their own settlement agreement. In a court proceeding, only matters relevant to the dispute can be considered, anything can be discussed in a mediation session. Often, the result is that hidden problems, not even mentioned at first but at the heart of the dispute, emerge.
Improves Continuing Relationships. Mediation can repair, maintain or improve ongoing relationships. Because parties work together during mediation to develop a solution to their conflict, they can acquire communication and problem skills that will aid them in the future. Mediation is less likely than litigation to drive neighbors farther apart.
Nothing to Lose. In mediation, the parties make no obligation beyond agreeing to sit down together in the same room with the mediator. Even if the dispute is not resolved, the parties have opened lines of communication between themselves which can lead to a later settlement of all or a portion of the dispute.

California law mandates that a homeowners association or an owner, before bringing a lawsuit to enforce the Declaration of Restrictions, offer the other party the opportunity to resolve the dispute through Alternative Dispute Resolution such as mediation or arbitration. (California Civil Code Section 1354.) Mediation is a particularly effective means of resolving homeowners association disputes, in that it allows neighbors to reach an accord that will enable them to continue to live and work together in the community.

For more information, contact Ms. Deutsch at info@mgdlaw.com