Association Governance

Condominiums and homeowner associations are governed by a board of directors which has both business and governmental responsibilities.  In its business capacity, the board collects assessments, maintains and repairs the common property, and hires contractors to provide maintenance and professional services.  As a mini-government, the board enforces use restrictions and considers architectural change requests.  In governing the association, the board must comply with the association's governing documents and applicable local, state and federal law.

What we do...

Thomas Schild Law Group attorneys advise on all legal aspects of the management and operation of condos, co-ops and HOAs including----

Governing Documents

We guide community association boards in understanding the rights, obligations, and responsibilities established by the associations' declaration, bylaws and other governing documents.    This often requires resolving ambiguities, conflicts, and inconsistencies among the governing documents and the laws which regulate condos, coops and homeowners  associations.  Common issues involve maintenance and repair, insurance,  use restrictions., and leasing.

When amendments are needed to clarify or change existing provisions of the governing documents, our attorneys advise on the procedures for making amendments and assist in drafting and reviewing proposed amendments.

Meetings

We advise boards and community managers about the  procedures for notice, quorum, voting and the requirements for open and  closed board meetings.  And, we advise regarding the procedures for owner meetings to elect directors and approve amendments to the governing documents..

Our attorneys attend board meeting to discuss legal matters such as developer transition, assessment collection, and rules enforcement.  We also attend annual owner meetings to assist on election and document amendment matters

Covenant and Rule Enforcement

We advise regarding the procedures for enforcement of use restrictions in the covenants and rules.  Where violations continue,  we assist in drafting violation notices, attend due process hearings, and file suit to enforce the community covenants and rules.

Contracts

We review and negotiate contracts for management, maintenance and construction services, and we  advise on provisions to protect the association if the work is not performed as expected.   Our attorneys also assist in getting contractors to complete the work satisfactorily and meet future warranty obligations.

Fair Housing Compliance

We help boards navigate the requirements of the fair housing laws and the obligation to make reasonable and necessary accommodations to residents with physical and mental disabilities.   Common accommodation requests involve people, pets and parking.

Developer to Owner Transition

For communities in transition from developer control to homeowner control, our attornes advise regarding the procedure for electing owners to the board of directors, turnover of association records, developer warranty obligations, and association governance.  We assist owner groups  prior to homeowner control of the board and  we assist newly-elected homeowner boards in understanding the transition process.

Let us help you govern your community!