When you have a legal issue involving a community association, it makes sense to have an attorney on your side with specific experience in HOA law. It also helps to have an attorney who can offer sound advice, but who has the trial/litigation experience necessary to protect your interests in court.
Rob advises owners and associations on numerous issues involving HOA law.
Since 2002, Rob has handled hundreds of cases involving homeowner associations and condo regimes. Additionally, Rob is a seasoned speaker on legal issues surrounding community associations.
The interplay between board members, community managers and property owners is complex, and there are a variety of ways for officers and directors to run afoul of their own governing documents (covenants/restrictions/bylaws/ARB guidelines/rules and regulations).
The central issue in most HOA disputes revolves around the fact that community associations must uniformly enforce their governing documents without engaging in selective enforcement, questionable collection tactics, unlawful conduct or harassment of their members. When board members and officers/directors fail to act appropriately, it can give rise to tort and contract liability/exposure.
Rob can help you with these community association law issues:
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.