HOA Declaration and Restrictions Enforcement
We assist homeowners and condo associations with HOA Declaration and Restrictions enforcement by filing injunctive actions against homeowners who are violating the rules and restrictions of the community. Please see below for more information.
We assist homeowners and condo associations with HOA Declaration and Restrictions enforcement by filing injunctive actions against homeowners who are violating the rules and restrictions of the community. These violations may include, but are not limited to, situations where homeowners:
- Build sheds or outbuildings when prohibited by the community
- Paint their home without obtaining proper authority or a paint color that was not approved by the community
- Build an addition on their home without obtaining approval of the community
- Make exterior changes to their home without approval of the Association
An injunctive action is a lawsuit in which you ask the court to order the homeowner to remove the violation or to prevent the homeowner from performing contemplated work that would be in violation of the Declaration or restrictions for the community. It is important that homeowners’ associations bring injunctive actions against violating homeowners as the failure to enforce the restrictions for the community could cause the court to later find that the restrictions were waived as the result of the failure to enforce the restrictions. Moreover, a homeowner may defeat an enforcement action if they can show that other homeowners in the community have been allowed to violate the restrictions without any penalties.
We do not bill by the hour as we believe that time is not an accurate measure for the value of the work your attorney is providing and encourages attorneys to work inefficiently or to avoid opportunities to quickly resolve matters. Moreover, up-front predictable pricing helps our clients to make more informed settlement decisions as each offer can be evaluated in light of the known costs of proceeding to litigation.
How our fees work is that we charge a hybrid fee that consists of an initial upfront fee and a monthly charge throughout the course of our representation of you. When you first hire the firm, you shall pay a retainer fee, which shall be calculated by adding the sign-up fee and the amount equal to a prorated portion of the monthly fee depending on the day of the month in which you retain the firm. These amounts together create the retainer fee that compensates the attorney for reviewing your documents, accepting the case, and for giving up the right to represent the opposing party and/or other clients due to the limited number of cases that can be handled at any given time. As this is a retainer payment, these fees are earned upon payment and are not refundable.
After you have retained the firm, you shall be charged the monthly fee on the first day of the month for as long as we continue as your counsel on this matter. These fees are payment for the legal services provided in the previous month and shall be prorated to the date of the end of the representation. In other words, if the representation ends on March 13 and the monthly fee was $1.00, you would be charged $0.35 on April 1st as your final payment. ($1.00/31 days = $0.032. 0.032 * 11 days = $0.35).
For more information about our unique pricing model, please visit our pricing model page on this website.
Our retainer payment should cover all fees for a standard matter. With that being said, there are some instances where additional fees may be required. For more details on what is and isn’t included in our monthly retainer payments, please visit the “What’s Included” and “What’s Not Included” tabs on this webpage. Moreover, if you would like more information about the process for getting started working with our firm, please click on the “Getting Started” tab on this webpage.
All of our legal services come with our SATISFACTION GUARANTEE. If at any point during the representation you feel that we are not moving fast enough, not providing the highest level legal services, or otherwise not delivering the experience you expect, you may choose to end the representation and we will waive the final invoice for working on your matter. As such, you will owe us nothing more and will essentially receive thirty-days of free legal services, during which time you can interview new attorneys and/or otherwise decide how to proceed with your case. For more information on our guarantee, please visit the Satisfaction Guaranteed page on our website.
We use technology to keep you informed throughout the course of the representation. One of the ways we use technology is by providing our clients with 24/7 access to their case status through the “Case Status App” for iPhone and Andriod. For more information about the case status app and the other ways we use technology to deliver better legal services, please visit our Technology page on our website.
Finally, one of the best ways to learn about working with our firm is to review comments we received from previous clients. To hear what our previous clients have to say, please visit the client reviews page on our website.
Please note that all orders are subject to our terms and conditions, which are available for your review at www.rickdavislegal.com/legal-services- terms-of-service/.
- Advice and Guidance. We will provide unlimited advice and guidance on any legal questions related to any matters we are handling, your business or association, or other general legal questions.*
- Dedicated Phone Number. You will be provided with a non-published priority phone number that rings on Rick’s office and cell phones simultaneously.
- Case Status Mobile App. Every client is set up with the Case Status mobile app, which provides 24/7 access to the status of your case from any iPhone or Andriod device. The Case Status mobile app provides a basic outline of the steps for your matter, the current status of your case, and a secure messaging platform for communicating with the firm.
- Online Client Portal. In addition to the Case Status mobile app, we also provide each client with access to an online client portal that can be used to access documents and court pleadings as well as a calendar of upcoming events.
- One (1) Business Day Response Guarantee. You will receive a response to your emails or voice messages within 1 business day or else you will receive a month free on your subscription service. Business days are Monday-Friday, excluding federal holidays. If your matter is such that it requires more than one (1) day to provide a proper response, we shall replay and advise accordingly within one (1) business day. In order to ensure your email is not missed, we ask that you please email from the email address you provided when you signed up as this email will be automatically marked as a priority in the email inbox.
- No Surprises. As we are charging a set monthly fee, you will not be surprised by the bill you receive at the end of the month and you can easily estimate the costs of continued litigation when evaluating settlement offers.
- Open Communication. Throughout the course of the litigation, we will provide you with regular updates on the events or documents filed in the case. Additionally, because you are not paying by the hour, you can feel free to ask questions without worrying about a large bill at the end of the month.
- Once we have confirmed there are no conflicts of interest and accepted this matter, the information you share and everything you discuss while working together is protected by attorney-client privilege.
- Honest and Practical Advice. We will promptly communicate all settlement offers with you and provide advice based on the risks of proceeding with the litigation even if it means lower legal fees to our firm. If you have questions regarding your matter, we will provide you with practical and straight-forward answers regarding the same.
*Advice and guidance is limited to answers related to the current legal matter we are handling or other issues that can be answered based on personal experience and knowledge or with less than ten (10) minutes of legal research. If more than ten (10) minutes of legal research is required, you shall be notified in advance of the additional legal fees that may apply.
What's Not Included
- Legal Research. Most questions can be answered based on the attorney’s experience and knowledge or through a quick confirmation of the relevant law. If you ask a question that requires more than ten-minutes of research, the time spent researching the issue is not included in the monthly retainer.
- After Hours Phone Calls. All calls that are placed within our office hours are included in your monthly retainer payment. If you call your dedicated number outside of office hours, you will be provided the option to leave a message to be reviewed during office hours or be connected to the attorney. If you leave a message, no additional fees will apply. If you choose to be connected to the attorney, an after-hours fee of $50 shall apply. After hours meetings shall be charged at the rate of $250/hour with a minimum of one hour.
- Additional Services. Your monthly retainer covers the services set forth on the “What’s Included” sections for this service and any service not listed in those sections may require additional legal fees. If you have specific questions of what may or may not be included, please feel free to contact our office with any questions.
- Costs paid to Third Parties. You shall be responsible for paying all costs related to the handling of your matter, including but not limited to, court fees, services fees, deposition fees, transcript fees, mediation fees, and/or fees for expert witnesses. If we are retained to handle a litigation matter, we shall require a cost retainer of $1,000 to be paid prior to the initiation of litigation and which shall be replenished on a monthly basis based on the expenses incurred in the previous month. All costs are billed to you at exactly the cost paid to the third party providing the service without any mark-up, service charges, etc.
- Non-Standard Legal Services. When retained for litigation, our monthly retainer includes the anticipated legal services needed to resolve the matter, including conducting depositions for all parties, up to one (1) day of trial, and mediation that does not exceed four (4) hours. If depositions of additional parties are required, the trial exceeds one (1) day, or the mediation exceeds four (4) hours, additional legal fees shall be due in the amount of $250 per hour, billed to the nearest tenth (.1) of an hour.
Thank you for your interest in working with our firm. For your reference, we have created this guide to explain to new and prospective clients how to get started working with our firm. Please be advised that the new client process will vary slightly depending on the type of matter. Therefore, please be sure to review the “Getting Started” tab for the specific services you are contemplating.
- Case Evaluation/Initial Consultation. The first step in the process is for you to schedule an initial consultation with our firm. The additional consultation is 15 minutes and is no charge. During the initial consultation, you will share some basic information about your situation and why you are contacting our firm. We will then advise regarding the services we provide, the fees we charge, and if we would be a good fit to represent you in your matter. If this is a straightforward matter, we may proceed directly to step 3 below, or if necessary, we may schedule a second consultation. If you would like to schedule an initial consultation, you can do so online by clicking on this link. Moreover, if you would like to learn more about what to expect during your initial consultation, please click here.
- Second Consultation (if necessary). If we are unable to fully discuss your mater during the initial consultation or if you have additional questions prior to deciding how to move forward, we may elect to schedule a second consultation. Additionally, follow up consultations can be scheduled if you would prefer to simply have answers to some questions instead of full legal representation.
- Retainer Agreement. If we mutually agree to move forward with our firm’s representation of you after the consultation, we will send you an email with a link you can use to review and sign the retainer agreement, which is a document that sets forth the terms of the representation including what we are being hired to handle and how you will be charged.
- Payment. After you have signed the retainer agreement, you will be provided with a link you can utilize to submit payment with a debit/credit card. If you would prefer, you can also mail or drop off a check at our office located at 8826 Santa Fe Dr, Ste 100, Overland Park, Kansas 66212. Whichever method you select, please be advised that no work will be performed on your matter until we have received payment.
- Intake Form. Once we have confirmed receipt of your payment and confirmed we do not have any conflicts of interest (if not previously completed), you will receive an email that contains a link to our online intake form that you can use to submit information to us about your matter and upload any relevant documents. The online intake form helps to ensure that we have all of the information needed to fully assist you with your matter. Moreover, by using an online form, we are able to avoid additional costs associated with having a lengthy conversation with the attorney to gather this information. With that being said, if you are uncomfortable with the online intake form, you are welcome to call our office to discuss the information necessary for your matter.
- Dropbox Folder and Case Status App. Within two (2) business days of retaining the firm, you will receive an email that contains a link to your personal Dropbox folder that will be used to store documents related to your matter that are received or drafted by the firm. Additionally, you will get a text message with an invitation to download our Case Status iPhone and Andriod app. The Case Status app is a way for you to stay involved and informed about your case and where it is in the litigation process 24 hours per day, seven days per week.
- Additional Information Emails. Over the first few weeks after you retain the firm, you will receive several emails with additional information about the firm and the litigation process in general. These emails are intended to help you to learn about the litigation process and to ensure that we work together to create the best possible outcome for your case.
It is our hope that outlining the process helps to make the establishment of a relationship with our firm easier. It also helps to streamline our internal processes to ensure that we devote our time to providing the highest level legal services to our clients. If you have any questions about this process, please feel free to contact our office at (913) 283-8300.