Phillips Lytle understands the practical challenges faced by community associations every day. The nature of legal services can be as varied as the associations themselves. We provide community associations with legal representation on an as-needed basis, no matter their size. We keep abreast of the latest developments and trends in community association law, and offer our clients the most up-to-date information on current practices and requirements needed for this increasingly complex field of law.
Phillips Lytle’s Community Association lawyers provide legal counsel to condominium and homeowner associations. We routinely provide legal services that include:
- Answering day-to-day questions regarding operational, technical and practical matters, providing an interpretation of the community’s governing documents, as needed, and providing interpretation in the application of state and federal statutory law impacting the operation of the association
- Distinguishing between association and unit owner maintenance, repair and replacement issues
- Counseling board members in election procedures, board and unit owners meeting notice requirements, official record requests and recall actions
- Assisting the board with budgeting and special assessment procedures
- Preparation of amendments to associations’ governing documents
- Providing advice and assistance regarding the collection of delinquent accounts
- Counseling the board on insurance and casualty related issues
- Enforcing the governing documents and rules and regulations of the community
- Reviewing loan documents and closing loans
- Counseling clients in the transition of control from the developer to the unit owner
- Providing counsel as it relates to the Telecommunications Act of 1996, the Fair Housing laws and the Employment Discrimination laws, as well as similar state and local statutes and ordinances
- Providing legal opinions relating to the associations’ operation and any matters affecting associations and boards administration of the associations’ business
- Attending board meetings and providing guidance to the association on any legal matter
- Consulting with the boards regarding the appropriate and effective method of amending and revising the association’s governing documents when and if necessary
- Assisting the association in the drafting and revising of its regulations and procedures
Due to our many years representing community associations, as well as our experience in the enforcement of Conditions, Covenants and Restrictions (CC&Rs), we are able to provide boards with sound and appropriate interpretation of the CC&Rs. We provide guidance on the rules and regulations, as well as advice regarding the possible outcomes and projected cost of enforcement options. Our experience also enables us to provide a legal opinion regarding an association’s position on CC&R enforcement.
Our attorneys have extensive experience handling all types of disputes, and their proven track record in successful litigation of enforcement matters will greatly assist in ensuring no erosion of an association’s governing powers.