Being part of a homeowners association or other similar association (property owners association, condominium association), whether as an affected owner or someone serving on the board of directors, has both benefits and challenges. A homeowners association is often subject to multiple governing documents, including variously named declaration of covenants (e.g., Declaration of Covenants, Conditions, and Restrictions) and bylaws. These documents can be hard to interpret individually and hard to understand how they work together. These interpretation and coordination matters can often be complicated for the both the board and the affected property owners because the original versions may have been drafted in a manner that did not anticipate current issues, or may have been amended in ways that confuse matters further. In addition to the internal governing documents, state, and sometimes federal, laws must also be considered, as they may have additional requirements or may fill in areas in which the covenants or bylaws are silent. Our attorneys help our clients understand the laws and requirements of managing or owning property in a homeowners association.
Sometimes a homeowners association may take enforcement action to require compliance. These can range from compliance with building requirements to payment of fees or assessments. Depending on the authority given in the governing documents and the statutes, the enforcement methods can range from cease and desist letters, to declaratory judgments, to placement of liens. Any of these can have complex legal requirements that must be followed closely in order to be defended or enforceable. Our attorneys help evaluate the application of homeowners association rules or laws.
Whether representing a board or an affected owner, our attorneys are experienced in homeowners association laws and management, and help our clients see through the maze.
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