We have extensive experience assisting community associations including homeowners associations, condominium associations, stock cooperatives, and similar communal living projects. We work with community association boards of directors and their managers to help address their legal needs, navigate legal issues as they arise, and evaluate and manage potential legal risks to help avoid costly legal issues in the future.
• Interpretation and legal opinions regarding Association and Board compliance with the Association’s governing documents and applicable law and regulations
• Enforcement of the governing documents, including the Covenants, Conditions, and Restrictions (CC&Rs), Bylaws, and Rules and Regulations, and addressing violations by Association members, such as, without limitation, nuisance violations, architectural violations, and parking violations
• Issues of corporate governance, including, without limitation, Board and member meetings, elections, recalls, other actions requiring member votes or approval, formation of committees, preparation of corporate resolutions, and the requirements for records, minutes, and other Association documents
• Preparation and review of election and voting ballots and other related materials; review and preparation of meeting notices, agendas, and minutes
• Preparation and amendment of Association governing documents, including the CC&Rs, Bylaws, and Rules, as well as the preparation and review of Association policies adopted by the Board or as may otherwise be required by law
• Review and explanation of maintenance obligations for the Association and Association members, respectively
• Review and assistance with Association budgets and reserves, including the review of third-party reserve studies, and advising on the legal requirements for same
• The levying of Association assessments, including assessment increases, the implantation of special assessments or emergency assessments, and compliance with the governing documents and applicable law regarding the same
• Collection of unpaid and delinquent assessments from homeowners, including collection notices, the preparation and recordation of liens, and foreclosure upon unpaid assessment liens
• Preparation and review of contracts for third-party vendors providing services to the Association or on the Association’s premises, including, without limitation, construction contracts, landscaping contracts, pool service agreements, management contracts, pest control contracts, elevator service agreements, and others
• Assistance in obtaining Association bank loans for large-scale repairs or improvements, and review and preparation of bank loan documents
• Preparation of payment plan agreements for members for large assessments and projects
• Assistance with insurance requirements for the Association and members as required by the Association’s governing documents and applicable law and regulations
• Addressing and resolving claims of discrimination, harassment, or disparate treatment faced by the Association or the Board, including, without limitation, claims made to governmental agencies such as the Department of Housing
and Urban Development (HUD) for alleged Fair Housing Act violations
• Addressing and assisting the Association in responding to reasonable accommodation and reasonable modification requests pursuant to federal and state discrimination laws, including such issues as requests to maintain service animals or assistance animals, parking reassignment requests due to
disabilities, and requested modifications to common areas to accommodate particular disabilities
• Preparation and review of easements, licenses, and other agreements or covenants/restrictions impacting the Association’s premises, including utility and telecom easements as well as governmental and environmental agency
requirements and restrictions on land use
This is not an inclusive list, but exemplifies our wide range of experience and expertise in community association legal matters.
In short, we believe we can assist your Board in addressing the various legal issues and needs you face.
Contact us today for a free consultation!
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