Community Association Law
Corporate Advice/Procedures/Meetings
How to properly have call and schedule a meeting of the board or the owners, who is eligible to vote, how to conduct a vote, the proper use of ballots, proxies and written consents, records requirements, and how to respond to owner demands and requests.
Enforcement
We regularly advise boards on how to enforce the governing documents of the Association with demand letters, proper fines, liens, and, if necessary, enforcement lawsuits.
Litigation
Although we work hard to keep our association clients out of litigation, sometimes associations are sued and sometimes they must file suit. We represent community associations and board members that have been sued by members of the association, sued by contractors, or sued by third parties. We also represent community associations that need to file litigation against owners for violations of the governing documents, including building without architectural approval, against contractors for construction issues, with vendors and others over contract disputes, and with adjoining land owners over real property.
Contracts
We assist our association clients in the drafting and review of contracts with outside vendors, contractors, maintenance companies, landscaping companies, and many others. A good contract is the best way to stay out of litigation.
Fair Housing Act claims
The past few years have seen a marked increase in claims for violation of the fair housing act, especially related to emotional support animals. We advise our clients on how to best navigate this dangerous area.
Loans
We act as loan counsel for clients that need to borrow money for repair, maintenance, and renovation.
Collections of unpaid assessments
We work with our clients to collect unpaid homeowner association dues.
Governing Documents
We help Associations rewrite, modernize, and update their governing documents, including the declaration of covenants, conditions, and restrictions, bylaws, articles of incorporation, plats, and rules.
Declaration of Covenants, Conditions and Restrictions / CC&Rs / Declaration
A document recorded in the public records of the county that creates the covenants, requirements, and rules that are binding on all owners in the neighborhood. The CC&Rs usually, but not always, create a homeowners association to enforce the covenants. If the neighborhood has common area, the Declaration will provide for the upkeep and use of the common area.
Declaration of Condominium
A document recorded in the public records of the county that, along with the plat, creates a condominium. It creates the covenants, requirements, and rules that are binding on all owners in the neighborhood and creates a system to maintain the building or buildings. A Declaration of Condominium always creates a condominium Association.
Bylaws
The bylaws provide additional rules for a community association and focus on corporate governance – how to hold meetings, how to vote, when to vote, duties of officers, etc. The are usually an exhibit to the Declaration or the CC&Rs and recorded.
Articles of Incorporation
Most community associations are incorporated as non-profit corporation. Non-profit corporations require articles of incorporation to exist. In most community associations the majority of CC&Rs, Declaration, and Bylaws contain the operative language to govern the association, and the Articles tend to be very short.
Plat
The Plat is another document recorded in the public records of the county. It divides the land into lots or condominium units.
Rules
Rules are additional requirements that govern a community association and are adopted by the board, management committee, or board of trustees. They cannot contradict CC&Rs, Declaration of Condominium, Bylaws or Articles.
Planned Unit Development (PUD)
A PUD is neighborhood created with a master plan for development that is subdivided into lots via the Plat and encumbered with the requirements of the plan through the Declaration. A PUD may have a community association but need not. Many old PUDs do not have community associations.
Board of Trustees, Management Committee, or Board of Directors
Three words for the same thing. The group charged with managing the affairs of an association.