by Maxwell & Morgan | February 2022 | News/Events
Join us for our next Lunch and Learn Event. Condos and Questionnaires: Impacts of the Recent Fannie Mae and Freddie Mac Lending Request Is the new Fannie Mae questionnaire giving you and your association heartburn? Don’t know if responding will benefit the...Garren Laymon is a partner at Maxwell & Morgan, P.C. focusing on protecting the rights of community associations and other creditors in state and federal courts throughout Arizona. Garren specializes in obtaining and collecting on judgments for past due accounts, and managing accounts entangled in bankruptcy. Prior to joining Maxwell & Morgan, Garren was a litigator with a boutique bankruptcy firm, representing creditors, bankruptcy trustees, creditor committees, and debtors, and advising clients in a heavily regulated industry, and protecting their rights in court. He has brought that experience to Maxwell & Morgan to assist community associations in maximizing recovery of past due accounts.
Due to his vast experience in bankruptcy law, Garren has served as a presenter in bankruptcy continuing legal education programs presented by the State Bar of Arizona and the Virginia State Bar, and taught a bankruptcy course for several years at Washington and Lee University School of Law.
Garren has been admitted to practice law in Virginia since 2008, was admitted to the State Bar of Arizona in 2015, and the California State Bar in 2021. Garren received a Juris Doctor, graduating cum laude, from Washington and Lee University School of Law in 2007 and received a bachelor’s degree in psychology from Brigham Young University in 2003.
Madison M. Brunk is a junior associate attorney at Maxwell & Morgan, P.C. Madison represents condominium and planned community associations, with a focus on general counsel, enforcement, and assessment recovery. Prior to joining the firm, Madison received her Juris Doctorate from Mitchell Hamline School of Law in 2023. In 2020, she graduated, with Honors, from University of Wisconsin La Crosse, with a Bachelor of Arts degree in Political Science and a minor in Psychology. Madison is a member of the State Bar of Arizona and is admitted to practice before the U.S. District Court for the District of Arizona and Federal District Court.
Allison Gloss is an associate attorney at Maxwell & Morgan, P.C. where she concentrates her practice representing community associations in general counsel and assessment recovery matters. Allison is also an associate attorney at Elysium Legal – AZ LLC, where she practices in the area of estate planning, by passionately supporting clients in shaping their futures and safeguarding their families and assets. Allison is licensed in both Arizona and Utah. Prior to joining the firm, Allison received her Juris Doctor from the Sandra Day O’Connor College of Law at Arizona State University in 2022. Allison also graduated, Cum Laude, from The University of Arizona in 2018 with a Bachelor of Arts degree in Political Science emphasizing in International Relations, with a minor in Spanish. Allison is a member of the State Bar of Arizona, and is also a member of the State Bar of Utah. In her free time, Allison loves discovering new restaurants, appreciating live music, traveling, and spending time with her friends and family.
Lindsay has been practicing law for over 20 years. In 1999, Lindsay graduated cum laude from Arizona State University with a BA in Political Science and a minor in French. Lindsay graduated from the Sandra Day O’Connor School of Law at Arizona State University in 2002. Lindsay graduated law school as a trained mediator. She also received the Pro Bono Gold Award for completing more than 100 hours of pro bono service.
She is an experienced litigator and transactional attorney. Lindsay is also Of Counsel for Elysium Legal – AZ, LLC, where she focuses on estate planning.
Lindsay has been married for over 20 years and has four children. They enjoy camping, hunting, fishing, kayaking, traveling to Rocky Point and San Diego and exploring National Parks.
Lindsay has lived in Arizona since she was six years old. She knows, loves and understands this state and the people who call it home. Nothing is more important to Lindsay than family – both hers and yours.
Mark serves as a distinguished partner at our firm, seamlessly blending his profound dedication to real estate, trusts, and estate law with a heartfelt commitment to assisting families in shaping their futures. Since initiating his legal journey in 2007, Mark has been an active advocate and expert in the Arizona legal community. He shares his insights by frequently presenting on real estate law and estate planning.
After completing his undergraduate studies at Utah State University, Mark pursued his Juris Doctor from S.J. Quinney School of Law at the University of Utah. He then earned his admission to the Arizona Bar in the same year, 2007. Mark has also been admitted to the United States District Court for the District of Arizona.
Trevor L. Ash is a junior associate attorney at Maxwell & Morgan, P.C. representing planned community and condominium associations in assessment recovery, enforcement, and general counsel in Arizona and California.
Prior to joining the firm, Trevor practiced in the areas of consumer bankruptcy law, real estate, and civil litigation. Having handled such a wide variety of legal matters in his career gives Trevor a unique perspective on many of the issues facing the firm’s clients.
Trevor received his law degree from California Western School of Law, and his Bachelor of Arts in political science from the University of California Santa Barbara. Trevor is a member of the State Bar of Arizona and the State Bar of California and is admitted to practice before the U.S. District Court for the District of Arizona and the U.S. District Court for the Southern District of California.
When not representing the firm’s clients, Trevor enjoys spending time with his wife and kids, traveling, cooking, and following his favorite sports teams.
Ryan is an associate attorney at Maxwell & Morgan, P.C. He Joined the firm in 2021 and focuses his efforts on representing community associations in assessment recovery matters. Ryan received his undergraduate degree from Arizona State University from the W. P. Carey School of Business and his Juris Doctor from Sandra Day O’Connor School of Law at Arizona State University. While in law school, Ryan served on the Executive Board of the ASU Corporate and Business Law Journal as the Executive Operations Editor. Ryan also worked in the First Amendment Clinic at ASU as a student attorney.
Kris is an associate attorney at Maxwell & Morgan, P.C. He is licensed in both California and Arizona and focuses his efforts on helping community associations in assessment recovery and general counsel matters. Kris received his undergraduate degree in Spanish from Brigham Young University and his Juris Doctor from Arizona State University. While in law school, Kris served as the Articles Editor for the Arizona State University Law Journal and worked as an extern in the U.S. Bankruptcy Court, the Arizona Federal District Court, and the Arizona State Court of Appeals Division I. Kris is proficient in Spanish and practices law in Southern California.
Austin Baillio is a partner at Maxwell & Morgan, P.C. bringing his robust legal experience to represent community associations in a variety of ways, including contract disputes, general counsel, revisions to governing documents, enforcement issues, and collections in California and Nevada.
Due to his extensive litigation experience, Austin is also a highly valued member of the firm’s litigation and insurance defense departments. Austin represents his community association clients in simple and complex litigation, administrative law proceedings with the Department of Real Estate, and fair housing claims. Austin’s clients appreciate his consistent counsel, creative thinking, and quality of service.
Austin received his Juris Doctor, magna cum laude, from Pepperdine University School of Law in 2010. Austin also became a member of the Order of the Coif and earned a certificate from the Palmer Center for Entrepreneurship and the Law—a program integrating the study of law, business, real estate, and technology. While at Pepperdine, Austin served as an editor on the Law Review competed with the Moot Court team in Emory, Georgia, and was awarded “Best Advocate” in the Vincent S. Dalsimer Moot Court Competition held at Pepperdine University.
Austin started his litigation career dabbling in a breadth of practice areas at a small firm in West Los Angeles, California. He then moved to Orange County, California where he worked as an associate attorney in a medium sized firm and defended one of the nation’s largest mortgage servicers in foreclosure related lawsuits. Austin left California and brought his 6 years of litigation experience to Maxwell & Morgan, P.C. in 2016.
Austin was named a rising star by the Southern California Super Lawyers organization three years in a row—an honor bestowed on only the top 2.5 percent of attorneys under age forty.
Will Nikolaus is a partner at Maxwell & Morgan, P.C. and has been practicing community association law since 2007. Will devotes a majority of his efforts to advising and assisting community associations in assessment recovery, including litigation. He is experienced in obtaining and enforcing money judgments, foreclosure judgments and injunctive orders (including collecting fines) in justice courts and superior courts. He meets with and advises clients often in regards to their duties and legal rights in managing and running the business affairs of community associations.
Will holds a Bachelor of Science degree in Business Administration from Arizona State University. He received his Juris Doctor from Texas Southern University, Thurgood Marshall School of Law in Houston, Texas. Will is a member of the State Bar of Arizona, and United States District Court, District of Arizona.
Rod Sauaia is an associate attorney at Maxwell & Morgan, P.C. and is a valuable member of the firm’s assessment recovery department. Rod graduated from the University of Colorado, Boulder in 2011 with degrees in Economics and International Affairs. Rod received his Juris Doctor from Sandra Day O’Connor College of Law – Arizona State University in 2015.
While in law school, Rod was an intern with Immigration Customs Enforcement and a judicial extern for the Hon. Paul Sala, U.S. Bankruptcy Court, District of Arizona. Rod is a member in good standing of the State Bar of Arizona, the United States District Court for the District of Arizona, and is also licensed to practice in Washington State. Rod is fluent in Spanish and Portuguese.
Emily E. Cooper is a senior associate attorney at Maxwell & Morgan, P.C. Emily represents condominium and planned community associations in assessment recovery, enforcement, and general counsel.
Prior to joining the firm, Emily represented publicly traded banks and debt buyers for a national creditor’s rights law firm. She was part of the firm’s litigation team to obtain and recover on judgments. Additionally, Emily represented multihousing management companies and independent rental owners in forcible detainer actions in Maricopa and Pima counties.
Emily graduated with a Bachelor of Arts degree in History from University of Arizona and received her Juris Doctor from Phoenix School of Law. Emily is a member in good standing of the State Bar of Arizona, and is also licensed to practice in the United States District Court, District of Arizona. She is a member of Arizona Association of Community Managers and Community Association Institute – Central Arizona Chapter and Southern Arizona Chapter. Emily was admitted to the State Bar of Arizona in 2013.
Charles Maxwell is one of the founding members of Maxwell & Morgan, P.C. and his practice is limited to community association law and litigation and he has practiced in said area of the law since 1984. Having represented community associations for the past 36 years in general corporate, assessment recovery and litigation matters, the depth of his experience and knowledge is extensive.
Charles has participated as a lecturer and member of the faculty for seminars on various aspects of association law sponsored by various Bar Associations, the National Business Institute, Inc., Sterling Educational Services, Inc., the Arizona Association of Community Managers (AACM), and the Community Associations Institute (CAI) on a local, state and national level. Charles is also a former member and President of the Board of Directors of the Community Associations Institute, Central Arizona Chapter, and has served on its legislative action committee.
Charles received his law degree in 1984 from Brigham Young University, J. Reuben Clark Law School, cum laude. Charles was admitted to the Arizona Bar in 1984. Charles is also admitted to the United States District Court for the District of Arizona, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the District of Columbia Circuit.
Brian is a founding member and the managing partner of Maxwell & Morgan, P.C. where he practices exclusively in community association law and litigation. For more than a decade Brian helped chair the Legislative Action Committee for the Community Associations Institute (CAI), Central Arizona Chapter, where he participated in shaping the landscape of State and Federal legislation involving community associations. Brian is one of only about 150 attorneys nationally that has been admitted as a fellow to the College of Community Association Lawyers. He has published numerous articles and CLE courses on issues surrounding community association law and is a sought after lecturer and faculty member for educational seminars on local and national levels for issues involving community associations. Brian was an early member of the Education Committee for Arizona Association of Community Managers and assisted in drafting all course material for the training and certification of community managers throughout Arizona.
Brian did his undergraduate work at Brigham Young University where he graduated with University honors. Brian earned his law degree from Brigham Young University, J. Reuben Clark Law School, where he competed and finished in the top 10% internationally as a member of the International Moot Court Team. He also served as Lead Articles Editor for the Brigham Young University Journal of Public Law where he had his first opportunity to publish an article.
Brian is a member of the State Bars of Arizona and Utah and has been licensed to practice law in Arizona since 1999 and in Utah since 2000.
Penny L. Koepke is a partner at Maxwell & Morgan, P.C. and oversees the firm’s litigation and insurance defense departments as a result of her successful and extensive experience representing community associations in such matters. Penny has approximately 25 years of experience representing community associations in all aspects impacting their day to day operations, with a focus on assessment recovery, CC&R enforcement and common sense decision making – keeping in mind the importance of not only abiding by the governing documents, but making decisions that continue to make the community a community. Penny also defends associations in insurance defense matters, breach of contract claims and alleged fair housing violations. Penny’s breadth of experience includes being lead counsel hired by an association’s insurance company to defend an association and its directors in a complex litigation matter where she obtained a complete defense verdict after a 3 week jury trial.
Prior to joining the firm, Penny was a partner at one of the largest community association law firms in Arizona where she oversaw the litigation, assessment recovery and CC&R enforcement departments. She has regularly presented at industry and municipality-sponsored seminars, has testified at the Arizona Legislature on bills affecting the community association industry, has appeared on radio and TV shows to discuss the legal ins and outs of community associations and is involved with the Community Associations Institute and Arizona Association of Community Managers. In 2001, Penny was selected to the Arizona Business Journal’s inaugural class of “Forty Under 40” business and civic leaders.
Penny graduated summa cum laude with a Bachelor of Science degree in Justice Studies from Arizona State University in 1990 and received her Juris Doctor at Pepperdine University School of Law in 1993, where she graduated 8th in her class of 239 and served as an editor of the Pepperdine Law Review.
Chad is a shareholder at Maxwell & Morgan, P.C. and oversees the firm’s appellate practice and client education services. He has dedicated his practice to advising and representing community associations since 2007. Chad has successfully defended community associations against seven figure claims as insurance defense counsel and has handled numerous assessment recovery and enforcement matters on behalf of his clients. Chad has also appeared before the Arizona State Board of Equalization regarding tax matters his clients have faced, and before the Department of Real Estate and Registrar of Contractors in order to assist the community associations he represents. Chad oversees the Firm’s appellate practice and successfully defended an appeal in the case of Laveen Meadows v. Mejia, which resulted in a published decision from the Arizona Court of Appeals in May of 2020. Chad has also helped clients navigate the difficult circumstances involving embezzlement of community association funds by an employee and assisted to recover the stolen funds.
In addition to his courtroom experience, Chad has extensive experience serving as general counsel for community associations. He has assisted his clients to ensure compliance with complex governing documents and has guided his clients through the process of amending their governing documents. Chad has provided counsel for his clients through numerous general counsel situations from dedication of private streets to the city to acquisition of additional common area, and from board elections to board recall meetings. Chad also has experience assisting clients successfully traverse the challenges that arise when a city or other municipality takes a community’s common area through eminent domain.
Chad is actively involved with community association trade organizations. Chad has served on the Education Committee for AACM (Arizona Association of Community Managers) since 2013, and routinely teaches classes to community managers and Board Members. Chad was honored to be the recipient of AACM’s “Instructor of the Year” award in 2019 and was recognized before the community association industry for excellence in teaching. Chad has also assisted in the drafting of education materials aimed at increasing the level of professionalism among the HOA management industry in conjunction with his service on the Education Committee with AACM. Chad was also elected to serve on the Legislative Action Committee for the Arizona chapter of CAI (Community Association Institute).
Chad earned his Juris Doctor from Creighton University School of Law in 2007, where he graduated cum laude. While in law school, Chad wrote for and then was an editor on the school’s law review. Chad also competed as part of the school’s ATLA trial team and participated in moot court. Prior to attending Creighton University School of Law, Chad earned a Bachelor of Arts Degree from Brigham Young University.
Charles Sellers is a shareholder at Maxwell & Morgan, P.C. Mr. Sellers oversees the firm’s bankruptcy department and represents his community association clients in assessment recovery matters due to his extensive experience in representing creditors.
Charles has practiced in the states of Nebraska, Iowa and Arizona representing clients in the areas of real property, debtor/creditor matters, bankruptcy, and community association issues. Currently his practice focuses on community association law and related areas solely in the state of Arizona.
Charles has presented at seminars involving real property at the Arizona School of Real Estate and Business and bankruptcy topics through the Arizona State University Continuing Legal Education Bankruptcy Symposium. Additionally, he regularly provides education seminars and presentations for community association’s board members regarding relevant issues and changes in the law.
He is proud to be a current 2020 nominee to serve on the Community Association Institute (CAI) Arizona Board of Directors. Charles is also a member of the Arizona Association of Community Managers (AACM).
Charles has a Bachelor of Arts degree in Communication from Arizona State University and earned his Juris Doctor from Creighton University.
Austin L. Slade is an associate at Maxwell & Morgan, P.C. Mr. Slade holds a Bachelor of Arts degree in English from Brigham Young University. He received his Juris Doctor from the University of Nebraska College of Law in 2017. While at Nebraska Law, he participated as a student attorney in the Entrepreneurship Legal Clinic, helping clients from eastern Nebraska with their small business needs.
Austin is a member of the State Bar of Arizona and speaks Tagalog.
Jessica Cullimore is an associate at Maxwell & Morgan, P.C. Jessica has prior experience in federal employment law, providing service to federal agencies on civil rights and equal employment opportunity. She worked regularly with managers, employees, and unions to mediate workplace disputes and complaints. She graduated with a Bachelor of Arts degree in Political Science from Brigham Young University and received her Juris Doctorate from Phoenix School of Law. Jessica obtained her Arizona realtor license and is a member in good standing of the State Bar of Utah.
Dan G. Curtis is a Senior Attorney at Maxwell & Morgan, PC. Dan is a graduate of the University of Virginia School of Law and has practiced in Illinois, Texas and for many years in Arizona. He will continue his practice emphasizing all aspects of condominium and planned community association law, including formation, operation, and compliance matters. He has been active with the Central Arizona Chapter – Community Associations Institute, and has served as a past chairman of the Legislative Action Committee. In addition to his experience in representing community associations, he also has extensive experience in real estate development, including new subdivisions and condominiums, real estate finance, including mortgage broker and mortgage banker state regulatory matters, Federal Truth-in-Lending and RESPA regulatory compliance, and general corporate, business and real estate transactions.
Steffani Downs is an associate attorney at Maxwell & Morgan, P.C. Prior to joining the firm, Steffani served as in-house counsel for a multi-family housing internet service provider in Atlanta, Georgia.
Steffani graduated Cum Laude from Arizona Christian University with a Bachelor of Science in Business Administration received her Juris Doctor from the University of Tulsa College Of Law, where she graduated with highest honors. Steffani is a member of the State Bar of Arizona and is also licensed to practice law in the state of Georgia.
Christy Robison is an associate attorney at Maxwell & Morgan, P.C. focusing on collection litigation. Christy focuses her practice on representing community associations in assessment recovery and litigation in both Utah and Arizona. Christy has a wide range of litigation experience across several areas of the law. Prior to joining the firm, Christy worked for a national law firm in the Salt Lake City, Utah area primarily in domestic litigation.
Christy holds a Bachelor of Arts Degree in political science from Brigham Young University, a Master of Business Administration from Louisiana State University Shreveport, and a Juris Doctor from George Washington University School of Law. Christy is licensed to practice law in Utah and Arizona.
Jeff is a shareholder at Maxwell & Morgan, P.C. and oversees the firm’s general corporate counsel practice. For over 20 years, Jeff has devoted his practice to representing planned community and condominium associations during the development phase and post-transition. This includes advising and counseling their directors and officers on simple and complex general corporate issues, amending and drafting governing documents, providing legal opinions, reviewing, drafting and negotiating contracts, transactional matters, transition from developer control, fair housing, administrative law proceedings, and deed restriction enforcement. Jeff drafted the winning appellate brief in McDowell Mountain Ranch Cmty. Ass’n v. Simons, 216 Ariz. 266 (App. 2007), a landmark case in community association and contract law regarding the obligation of a court to award all attorneys’ fees to the prevailing party in a breach of contract case when certain prerequisites are met. Jeff’s clients appreciate his ability to communicate with them in plain English and his creative means of efficiently resolving unique matters and disputes to avoid litigation.
Jeff is a Sustaining Member of Arizona’s Finest Lawyers and is an active member of the Community Associations Institute, Arizona Association of Community Managers. Jeff frequently speaks on the topic of community associations in Arizona. Jeff holds an undergraduate degree from the University of California, Irvine, where he was a member of the Dean’s Honor Roll. He received his Juris Doctor from Western State University College of Law where he received American Jurisprudence awards in Contracts and Legal Writing. Jeff is a member of the State Bar of Arizona, and the United States District Court, District of Arizona.
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