Thomas M. Ware, II

Thomas Ware received his Bachelor of Arts degree with High Distinction from the University of Nevada at Las Vegas in 1986. He graduated from Loyola Law School (Cum Laude) in 1989 and is a member of Order of the Coif. Mr. Ware was admitted to practice law in California in 1989 and in Nevada in 1991. He is admitted to practice before the Ninth Circuit Court of Appeals and the United States District Court for the Central, Eastern and Southern Districts of California. Mr. Ware remains an active member of the Nevada Bar. Since 1989, Mr. Ware’s practice has focused on the representation of homeowner associations, including condominiums, stock cooperatives, planned unit developments, and other community associations, and their volunteer directors and officers. Mr. Ware’s representation in the field of common interest developments has been varied. In litigation matters, he has represented associations and/or their directors and officers in numerous construction defect cases, developer disputes, CC&R enforcement matters, land use disputes, title issues, controversies involving architectural modifications and other use restrictions, disputes involving alleged breaches of fiduciary duty, assessment collection, lender and contractor disputes, corporate matters, and insurance related matters. He also has represented associations in connection with general corporate issues, questions concerning CC&R and By-law provisions, preparation of amendments to governing documents, fidelity bond claims, insurance matters, and general issues relating to associations’ and directors’ fiduciary obligations. Recently, he helped a group of homeowners associations investigate and recoup approximately $1.5 million arising from a property manager’s misappropriation of association funds. Mr. Ware was one of the attorneys of record for the prevailing parties in the landmark California Supreme Court case Nahrstedt v. Lakeside Village Condominium Association, 8 Cal.4th 361 (1994). This case established the legal framework and standards for enforcing CC&R provisions. Mr. Ware was also appellate counsel in Martin v. Bridgeport Community Assn., 173 Cal.App.4th 1024 (2009), which holds that CC&Rs can be enforced against tenants but tenants lack standing to enforce the CC&Rs against the Homeowners Association. Recently, Mr. Ware was appellate counsel for the prevailing party inLake Lindero Homeowners Association, Inc. v. Barone(2023) 2023 WL 2664198, which established that the standard to remove a director in a homeowners association with 50 or more members is a majority of a quorum, notwithstanding a more stringent provision in the Bylaws, even when a reduced quorum is mandated by the Bylaws for an adjourned meeting.  Mr. Ware has an “AV” ( “Pre-Eminent”) rating by Martindale-Hubbell.® As a fellow of the College of Community Association Lawyers (CCAL), Mr. Ware has been recognized by Community Associations Institute for his work and experience in the field of community association law.  More than 4,000 lawyers practice community association law in the United States, yet fewer than 175 attorneys nationwide can distinguish themselves as CCAL fellows.  Mr. Ware was nominated by the San Fernando Valley Business Journal as one of the “Valleys Trusted Advisors” for 2011. Prior to joining Kulik Gottesman & Siegel, Mr. Ware was a partner in the law firm of Wilner, Klein & Siegel.