Experience

During an extraordinarily distinguished career that bridges four decades, Dan has represented community associations as corporate counsel and as a litigator. He is a highly accomplished trial lawyer, having successfully represented clients before the California Supreme Court, Federal and California Courts of Appeal, as well as at the trial court level. Dan’s litigation experience enables him to provide a unique perspective when advising community associations as corporate counsel. Dan emphasizes his practice as corporate counsel in the representation of newly formed associations as well as those in transition from developer control. He currently represents many of the largest master community associations in the United States.

Dan earned his bachelor’s degree from the University of California at Irvine and his Juris Doctorate from Pepperdine University School of Law. He has authored numerous articles on issues relating to community associations, and is recognized as an industry expert. Dan is a sought after lecturer and guest speaker, and has appeared at numerous seminars and programs sponsored by Community Associations Institute (CAI), California Association of Community Managers (CACM), Orange County Bar Association, Home Building Council, National Insurance Education Association, National Institute of Real Estate Management and various other professional, educational, business and civic organizations.

Dan is active in a variety of industry organizations. He is a former president of the Orange County Regional Chapter of CAI, received the organization’s President’s Award for his continuing contributions and has been inducted into its Hall of Fame in recognition of his commitment to excellence. He received the prestigious May Russell Award in 2000, the highest honor given by the Orange County Regional Chapter of CAI, for outstanding service and contributions to the organization. In 1994, Dan was honored with CACM’s Award of Excellence in Education for his contributions to the education and training of community association managers. Dan was one of the first CACM faculty members and provided education to many of the community association managers and owners of management companies now serving community associations throughout California. Dan is also a past president of the prestigious Common Interest Development Lawyers Association (CIDLAW).

Leadership

• Community Association Institute – Orange County Chapter: Past President (Two Terms)

• Community Association Institute – Orange County Chapter: Former Member, Board of Directors

• Community Association Institute – California Legislative Action Committee, Former Liaison to the California State Bar

• Community Association Institute- Greater Inland Empire Chapter: Founder, and Former Member of the Board of Directors

• California Association of Community Managers – Affiliate, Industry Partner Membership

• California Association of Community Managers- Ethics Study Group Editorial Committee: Member

• Common Interest Development Lawyers Association – Founder, Past President

• The Alliance for Successful Communities- Founder, Past President

Select Courses, Authored and Taught

• Successful Representation of Community Associations For the Recovery of Damages Resulting From Construction Defects

• Negotiating Loans on Behalf of Community Associations

• Representing Community Associations in Trial, Arbitration, and Mediation

• Understanding the Business Judgement Rule, and Judicial Deference

• Formation of Common Interest Developments

• Transfer From Developer to Homeowner Control of Common Interest Developments

• Disclosure Requirements Applicable to Community Associations

• Community Association Elections

• Community Associations: The Basics

Select Seminars

• California and Federal Laws: Legislative Updates

• Arbitration of Community Association Disputes

• The Statute of Limitations for Legal Actions on Behalf of Community Associations

• Negotiating Contracts on Behalf of Community Associations

• The Legal Aspects of Reserves

• Managing Experts in Litigation

• Successful Representation of Community Associations In Trials

• Successful Representation of Community Associations In Appeals

• Successful Representation of Community Associations In Arbitrations

• Successful Representation of Community Associations in Mediations

• Developers: Prevention of Construction Defect Claims by Community Associations

• The Business Judgement Rule and Its Application to Community Associations

• Judicial Deference: How to Defend a Community Association

• Maintenance Responsibilities of Community Associations

• The Standard of Care in the Legal Representation of Community Associations

• Ten Reasons Why The Board Should Not Engage An Attorney On A Contingency Fee Basis In Construction Defect Litigation

• How To Select An Attorney To Represent Your Community Association

• What Is An Architectural Review Committee?

• Successful Strategies For Avoiding Litigation in Community Associations

• The Role Of Corporate Counsel in the Representation of Community Associations

Appellate Experience

• Candid Enterprises, Inc v. Grossmont Union High School District (1985) 39 Cal.3d 878

• San Diego Committee Against Registration and the Draft (CARD) v. The Governing Board of Grossmont Union High School District (1986) 760 F.2d 1471

• Healy v. Tuscany Hills Landscape and Recreation Corporation (2006) 137 Cal.App.4th 1

• Accurate Landscape and Maintenance Corporation v. Superior Court (2000) (Petition to the Supreme Court)

• Greenbrier Terraces Condominium Association v. Pelican Properties (dismissed following settlement)

• American States Insurance Company v. Superior Court (1995) (Petition to the Supreme Court)

• Roach v. The Overlook Partnership (1996) Unpublished

• Altisse Homeowers Association v. Orange County Superior Court (1998) ( Petition to the Supreme Court)

• Wardy v. Corona Highlands Property Owners Association, Inc (2005) unpublished

• Church v. Smart & Perry (2006) unpublished

• Murphy v. Anaheim Hills Planned Community )Association (2016) unpublished

• Niguel Shores Community Association adv. Sea Terrace II (unpublished)

• Silkabakken v. Irvine Industrial Complex (unpublished)

• Reda v. City of Newport Beach (unpublished)

• Maravich v. Dover Shores Community Association, (2021) Unpublished-includes Petition to California Supreme Court: interprets "right to enforce" does not mean obligation to enforce when enforcement is required to protect rights of affected owners

• Loeffler v. Trabuco Highlands Community Association (2022) Unpublished - includes multiple Petitions to California Supreme Court: Interprets "Uniform and Equal Assessments" to mean consistently applied formulae, not equal amounts; upholds award of attorney fees to the association in excess of $500,000