If you purchase a unit in a Condo Association, it can provide great benefits to you. The association may provide community amenities, such as pools, recreation or workout facilities and event or gathering space. Moreover, the Association likely has rules and regulations that govern the appearance the use of these facilities to ensure they are kept nice and available to everyone. These regulations help to protect home values throughout the community. With that being said, Condo association disputes can often arise related to the rules of the association and/or the payment of assessments.
CONDO ASSOCIATION DISPUTE?
Does the firm represent condo associations or unit owner’s in condo association disputes?
I represent both condo associations and unit owners in condo association disputes related to the collection of dues and enforcement of the rules for the community. By representing both sides of condo associations disputes, I can provide my clients with a unique perspective that may not be available when working with an attorney who only handles one side of these matters.
What are the governing documents for a condo association?
When a buyer purchases a unit within a condo Association, the unit owner agrees 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, the association establishes other bylaws or rules for the community. Both the CC&R and any Bylaws are available to prospective buyer’s prior to purchasing a unit within the community. Because these documents are available to potential buyers and the covenants run with the land, a buyer is bound by these restrictions regardless of their specific knowledge of the restrictions.
What types of disputes arise between condo associations and unit owners?
Condo association disputes can arise when a resident fails to pay his or her association dues or when a unit owner attempts to do something that is in violation of the rules of the community. Generally, the unit owner will first receive notice of the violation via letter and in some cases, the association may bring suit to enforce the rules of the community. Finally, a unit owner may choose to bring suit against the association if he or she feels the condo association is not fulfilling its duties under the CC&R or Bylaws.