Our Services
GENERAL COUNSEL
ASSESSMENT RECOVERY
COVENANT ENFORCEMENT
LITIGATION
NEW DEVELOPMENT
INSURANCE DEFENSE
General Counsel Services
Our dedicated team of experienced community association lawyers and staff assists community associations when faced with complex or unique legal issues, such as drafting, amending and interpreting governing documents, reviewing and negotiating contracts, easement issues, and enforcement. Whether you are a board member, community manager or developer, we are here to provide your community with solid and reliable legal representation.
Assessment Recovery
Assessments are the lifeblood of an association and are generally an association’s sole source of revenue. We have invested significant resources in technology and have a team of attorneys and paralegals to assist our clients with recovering their delinquencies in a timely and cost-effective manner. This includes demand letters, personal money judgments, foreclosures, bankruptcy and garnishments. We can also assist with collections of small-claims judgments. We will work with your community to create a customized and effective assessment recovery program using our unique and proprietary process.
Covenant Enforcement
Our team of experienced community association attorneys has acquired the knowledge over many years of practice to identify effective enforcement strategies. We work with managers and boards to evaluate the best enforcement strategy for their particular communities. This includes reviewing, updating and drafting effective enforcement and fine polices, and notice and hearing procedures, to ensure fair, uniform and consistent treatment of residents; and updating rules and other governing documents to make them easier to understand and enforce.
Litigation
Community associations are legal entities that can frequently become involved in litigation. Our team of experienced attorneys represents community associations in a broad spectrum of situations, ranging from defending small claims court lawsuits to initiating or defending community associations and their boards and managers through indemnification in complex litigation. We assist and advise boards with risk analysis, cost estimates and alternative dispute resolution options prior to and when litigation arises. We also employ unique strategies to avoid litigation when possible.
New Development
We represent new associations in all stages of development. This includes before lots have been developed and while they are being sold. We draft new community governing documents. Once a certain number of lots have been sold or after the passage of a specific period of time, the developer turns the operation of the association over to the members. Questions may arise when this turnover occurs and what must be accomplished to facilitate turnover from the developer to the members. Questions regarding turnover include ongoing responsibilities of the developer, if any, management, finances, maintenance, meetings, voting rights, and the like. We can facilitate the transition from developer control of the association to member control.
Insurance Defense
We frequently represent associations and their boards and managers as indemnified parties as the attorneys appointed by the association’s insurer. In those instances where we are not appointed, the insurance companies frequently appoint attorneys who are not experienced representing community associations or are not familiar with the issues specific to the case. We can provide ongoing assistance and oversight of insurance-appointed defense attorneys, independent evaluations of the quality of your defense, and alternatives for the association.