Condo associations provide significant benefits to the members of the community. The associations may provide community amenities, such as pools, recreation or workout facilities, and event or gathering space. Moreover, the associations likely has rules and regulations that govern the use of the common properties. These regulations help to protect unit values throughout the building and ensure fair and equal access to the amenities of the community. However, most condo associations are run by volunteer boards with full-time jobs, families, and other responsibilities. As such, I offer guidance to condo associations on various legal issues from the collection of past due assessments or how to draft rules for the community the community.
What are the governing documents for a condo association?
When a buyer purchases a unit within a condo association, they agree to be bound by the authority of the association as set forth in the governing documents called the Declaration of Covenants, Conditions, and Restrictions or CC&R. Based on the authority provided in these documents, association establishes other bylaws or rules for the community. Both the CC&R and any Bylaws are available to prospective unit buyer’s prior to purchasing a property within the community. Because these documents are available to potential buyers and the covenants run with the land, a unit owner is bound by these restrictions regardless of their specific knowledge of the restrictions.
What services do you offer to condo associations?
I provide all forms of guidance to condo associations on legal issues related to the association. Condo associations are run by members of the community who have jobs and other obligations and often do not have legal training or experience, many board members do not have the time to review and understand all the terms of the Declaration or bylaws. Therefore, it may be beneficial for the association to hire an attorney to review the documents prior to making any major decisions that affect the community. If you have residents that are violating the rules of the association, it is important that you take quick action to address these issues as your failure to act can result in the inability to later enforce those restrictions. Finally, it is important associations are careful to follow the rules related to meetings, notices to unit owners, and other procedural issues as failure to follow these rules can lead to expensive and time-consuming litigation.
What services do you offer to unit owner’s who live in condo associations?
Unit owners may have questions about the powers of the association or the restrictions on their property. The CC&R and Bylaws are often lengthy documents filled with legal jargon. Therefore, having an experienced attorney review those documents can help you to better understand your options. Moreover, if you are being sued by a condo association for violations of the covenants, having an attorney who has experience defending against such actions will allow you to fully protect your rights as a unit owner within the community.