O’Toole + Rogers
lasting associations

 

Our Firm

 

O’Toole Rogers, LLP is a full-service real estate law firm specializing in servicing common interest developments throughout Northern and Southern California. Our firm provides associations and their agents experienced, efficient representation to identify and implement common sense solutions, improve governance, and promote long-term community success. 

Whether our attorneys are providing advice and counsel, defending the association, or enforcing the governing documents, we put our clients and their interests first. We are accessible, responsive, effective, and efficient. We make your problem OUR problem, and solve it together, whatever it takes. Trust, hard work, and dedication, through and through.

Areas of Practice

  • As corporate counsel, we are committed to providing comprehensive legal advice and counsel services to the non-profit corporations we serve and the volunteer directors. We have extensive experience working with many different types of communities including:

    Community association operations involve complex legal issues. We understand our role does not begin and end with legal compliance but often includes advising communities how to navigate financial, governance, maintenance, management, political, and practical issues.

  • When claims or lawsuits are brought against associations, volunteer directors, or their managing agents, our team is skilled at quickly identifying the risks associated with the claim and developing a strategy to best protect our clients. Our clients benefit from our team’s substantial experience having litigated hundreds of association disputes including as assigned and preferred defense counsel for several national insurers. Our experience helps inform our initial analysis of the case and quickly develop options and strategies to maximize results. Our attorneys have resolved cases through dispositive motion practice, at trial, and appeal. We are superior communicators, understand the importance of client contact, individualized attention, and strive to exceed expectations.

  • We help clients resolve legal disputes through internal dispute resolution, alternative dispute resolution and litigation. We have the experience and know-how to serve as effective counselors when a lighter touch is needed or as zealous advocates in litigation.

  • We regularly advise clients how to effectively enforce their governing documents from internal hearings through litigation. Whether the dispute requires courtesy or demand letters, hearings, internal dispute resolution, mediation, arbitration, or litigation, we creatively and vigorously assist our clients in assuring compliance with the governing documents. We understand claim economics, the need to maintain community standards, ensure Board credibility, the value of operating an association practically and lawfully.

  • The firm prepares amendments and restatements of community association governing documents. Each community is different, as are its documents. We pay close attention to the unique needs of our community association clients so their new documents will enable them to effectively operate their community in a way that makes sense for them.

  • We counsel clients throughout planning, design, contracting and construction phases of maintenance, repair, and replacement projects of all sizes. This work includes helping to assemble the right team for the project, secure funding for projects and advising on risk management.

  • We assist clients in expertly navigating the state’s maze of election laws to ensure legally compliant and fair elections. We also serve as inspector of elections to California community associations who seek skilled, experienced, and unbiased professionals to oversee elections.

  • Our clients’ success is our success. We help them get there by taking the time to educate and train their leaders and professional managers on the legal knowledge, skills, and best practices for their communities to thrive.

 
 

Why We
Do It

 
 

California has more associations than any state in the nation. Courts often describe them as quasi-governmental entities. Within this framework, we strive to serve the associations we represent like a city attorney. We advise boards on a host of operation issues, help navigate enforcement disputes, and defend actions filed against the association, its directors, or its managers. The governing documents, statutes, and personalities involved in any issue, dispute, or civil action can complicate the best path forward. When that happens, our firm is there to advise the Board of Directors and its agents in reaching a final decision based on sound legal and practical advice. We are fully committed to the associations we serve and the volunteer directors who serve our clients. These values are at the core of our practice and help explain our commitment to our clients.

Who We Are

 
Photo of Andrea L O'Toole, Esquire. Woman with strawberry blonde hair and brown eyes smiling, wearing a blue dress and silver earrings.

Andrea L. O’Toole, Esq.

Founding partner Andrea O’Toole has had the pleasure of advocating for community associations since 2006. She works with community associations in all aspects of their operations including real property issues and statutory compliance with the Davis-Stirling Common Interest Development Act. Her everyday work involves advising and assisting association clients on many different matters including the corporate aspects of running a common interest community; financial matters including assessment collection; the planning and funding of repair and construction projects of all sizes; governing document interpretation, amendments and restatements; contract drafting, review, negotiation and enforcement; dispute resolution; title and land use issues; maintenance and insurance matters; elections; fair housing disputes and training; covenant and rules enforcement; and implementation of new laws and regulations…to name a few.

Andrea is passionate about the communities and industry she serves. She contributes many hours educating board members, managers, homeowners, and community association attorneys through her service roles with respected industry organizations including California Association of Community Managers (CACM), Community Association Institute (CAI) and Executive Council of Homeowners (ECHO). Andrea is frequently asked to speak on various matters, hot topics and trends relating to California community associations, and she has served on various industry committees and authored articles on numerous issues of importance to the community association industry and beyond.

Nicholas A. Rogers, Esq.

For fifteen years, founding partner Nicholas Rogers has defended businesses and individuals in a wide range of professional liability claims. His practice focuses on the representation of non-profit homeowner associations with substantial experience representing common interest developments, their directors and officers, and their managing agents in litigation, arbitration, mediation, administrative proceedings, and regulatory investigations. He also provides advice and counsel on a wide range of corporate and employment matters including best risk-management practices. 

Nick also represents community associations in actions to enforce their CC&Rs and serves as panel and preferred counsel for several national Directors & Officers (“D&O”) insurers as assigned defense counsel in state and federal court. He has substantial experience handling community association, quiet title, and related land use disputes in courts across California. He was lead trial and appellate counsel in Ranch at the Falls, LLC v. O’Neal (2019) 38 Cal.App.5th 155 which clarified several procedural and substantive issues concerning quiet title actions and claimed easements through association common area. Nick secured nearly $1 million in prevailing party attorney fees for the association and its insurer defending the action. 

The most fulfilling part of his job is helping the client make informed decisions and then when the decision is challenged, defending, or enforcing the decision inside or outside a courtroom. When he’s not working, you can find him with his wife Kelly, his children, Jack (8) and Julia (6), skiing or snowboarding, attending live music shows, rooting for his favorite soccer team, Tottenham Hotspur, or spending time with friends and family in the Bay Area.

Thomas W. Chaffee, Esq.

Tom is a partner at O’Toole Rogers, LLP.  He is a seasoned corporate counsel, litigator and transactional attorney focusing on common interest developments for over two decades. Tom also brings real world practical experience to bear serving his clients. He has served on two HOA Boards himself including as the president of a 299-unit association.

As corporate counsel, Tom advises CIDs of all sizes on interpretation of governing documents, compliance with the Davis-Stirling Common Interest Development Act, enforcement actions, board training, disability access, financial management issues, assessment collections, elections, construction issues, architectural approval disputes, corporate governance issues and general risk management. Tom also assists the firm’s CID clients with drafting primary governing documents, as well as rules, policies and procedures.

Tom adds to the firm’s robust construction practice by reviewing and negotiating and drafting contracts particularly for design & construction projects, representing clients in construction and contractor disputes, and warranty and construction accounting claims.

In addition to his corporate and transactional practice, Tom has represented CIDs in numerous litigation, mediation and arbitrations including matters concerning CC&Rs enforcement, construction, breach of fiduciary duty claims, assessment collection matters, disability access, as well as general real estate matters.

Emily K. Clark, Esq.

Emily Clark is a Senior Attorney and founding employee at O’Toole Rogers, LLP. For more than a decade she has worked with community associations, their volunteer directors, and managing agents throughout Northern and Southern California. Her corporate practice involves advice and counsel, governing document interpretation, covenant and rule enforcement, contract review and negotiation, drafting and amending governing documents, dispute resolution, assessment collection, and ADA and DFEH compliance.

Emily is a gifted writer. She edited a vital industry publication, The Condominium Blue Book, from 2015-2019, and was selected as a Super Lawyers "Northern California Rising Star" in 2015, and 2017-2021.

Jeff H. Caulfield, Esq.

Jeff is an Attorney at O’Toole Rogers, LLP. He represents common interest developments and their directors, officers, and managers in both corporate and litigation matters. He advises on a wide range of transactional, risk-management, and enforcement matters. His advice and counsel practice includes governing document interpretation, covenant and rules enforcement, drafting and amending governing documents, contract review and negotiation, construction projects and dispute resolution.

Prior to joining O’Toole Rogers, LLP, Jeff gained extensive experience handling arbitrations, landlord tenant disputes, and contract review and negotiation.

Michael Yesk, Esq.

Michael Yesk is an Of Counsel Attorney with O’Toole Rogers, LLP. He is a litigation attorney with over 25 years of experience litigating real estate and business disputes.  He has extensive trial experience in both jury trials and court trial.  In addition, Michael spent over 10 years as the Northern California and Hawaii manager of a large Qualified Intermediary, helping thousands of real estate investors save millions of dollars in taxes.

As the host of the popular radio show Rock, Roll, and Real Estate, he spent 6 years sharing his extensive legal and real estate knowledge with thousands of people across four states.  He was an accredited teacher of real estate tax law to realtors, attorneys, and CPAs, as well as beginning and advanced real estate courses to realtors in Hawaii.  He was even fortunate enough to give a tax course to the Franchise Tax Board.

Michael has represented over a hundred homeowners in litigation to help them keep their homes, many of them for free or greatly reduced rates.  Michael argued the Appellate level case that decided that California’s consumer protection laws also protected homeowners from issues with their lenders.

Andy Gause, Esq.

Andy Gause is an Associate Attorney at O’Toole Rogers, LLP. He primarily represents non-profit homeowner associations with a focus on litigation matters, Davis-Stirling Common Interest Development Act compliance, and governing document interpretation. He prides himself on helping volunteer directors navigate difficult situations. Prior to joining the firm, he worked as a Law Clerk for Los Angeles Superior Court Judge Timothy Dillon and a Case Briefer for the Daily Journal. Before his legal career, he worked as a screenwriter and drafted a dual biography of two stand-up comedians, Greg Giraldo and Patrice O’Neal.

Kerry M. Jones

Kerry M. Jones is a Senior Paralegal with O’Toole Rogers, LLP. She received her Certificate in Paralegal Studies from California State University, Hayward (currently East Bay) in 2001. Kerry has over 25 years of experience working in law firms beginning her career as a receptionist and legal secretary. She specializes in litigation and HOA enforcement actions, with an emphasis on assisting in the defense of D&O claims, enforcement actions, as well as judgment enforcement and collection. She has been involved in dozens of trials and several appellate actions, managing all aspects of a case from start to finish. In her free time, Kerry volunteers on the Board of Directors for a local non-profit youth baseball league.

Darcy R.R. Smith

Darcy R.R. Smith is a Senior Paralegal with O’Toole Rogers, LLP.  Darcy has been working on behalf of community associations since 2003. She began as a legal assistant and subsequently received her Certificate in Paralegal Studies from California State University East Bay. Darcy provides significant support to the Firm’s community association attorneys and its clients and her knowledge of land use instruments is an invaluable tool for the Firm’s land use practice.

Darcy is an avid SCUBA Diver and a Certified Rescue SCUBA Diver. She served as a Volunteer Usher for the Lesher Center for the Arts (2012-2018).