HOA & Community Association Law

  • What is allowed from a collection standpoint, i.e., the appropriateness of charges such as dues, fines, late fees, interest and attorney's fees/expenses.
  • Enforceability of fines and related penalties concerning violations of covenants and restrictions, bylaws, ARB guidelines or rules/regulations, i.e., issues involving selective enforcement, due process/hearings, harassment, etc.
  • The validity of a lien against an owner's property.
  • Defense of a foreclosure lawsuit.
  • Interpretation of HOA governing documents, i.e., ambiguous and/or inconsistent provisions, as well as the rights/responsibilities of the parties.
  • Election and meeting issues, i.e., quorum, voting, proxies, etc.
  • The complicated relationship between the community management company and the HOA.
  • Liability exposure of the HOA as a corporate entity as well as the Board Members and Officers/Directors for negligence, self-dealing, theft, etc.
  • Developer turnover, i.e., adequate funding of the HOA, breach of fiduciary duty, etc.
  • Construction defect issues involving owners and the HOA common areas, i.e., moisture, mold, water intrusion, structural deficiencies, etc.
  • Inspection and copying of HOA documents, i.e., financial statements, etc.
  • Quiet enjoyment issues, i.e., pets, noise, etc.
  • Disagreements between the HOA, Board Members and Owners.
  • Advice related to insurance, contracts and other tort issues.
  • Unethical behavior or bad faith by Officers, Directors and Board Members.