Up-to-Date Legal Guidance for Community Associations
Phillips Lytle understands the practical challenges that community associations face every day. The nature of community association law can be as varied as the associations themselves. We provide legal representation to community associations on an as-needed basis, no matter their size.
Our Community Association Law Team has the expertise and experience to provide counsel to the entire spectrum of community associations. Our attorneys keep abreast of the latest developments and trends in community association law, are members of the Community Associations Institute (CAI) and offer clients the most up-to-date information on current practices and requirements needed for this increasingly complex field of real estate law.
Phillips Lytle’s Community Association Law attorneys provide legal counsel to condominium and homeowners' associations, routinely providing legal services that include:
Answering day-to-day questions regarding operational, technical and practical matters
Providing interpretations of the community’s governing documents and state and federal statutory laws impacting association operations
Distinguishing between association and unit owner maintenance, repair and replacement issues
Counseling board members on election procedures, board and unit owners meeting notice requirements, official record requests and recall actions
Assisting the board with budgeting and special assessment procedures
Preparation of amendments to governing documents for the association
Providing advice and assistance on the collection of delinquent accounts
Counseling the board on insurance and casualty-related issues
Enforcing governing documents and community rules and regulations
Reviewing loan documents and closing loans
Counseling clients on the transition of control from developer to unit owner
Providing counsel as it relates to fair housing laws and employment discrimination laws, as well as similar state and local statutes and ordinances
Providing legal opinions on association operations and any matters affecting administration of board and association business
Attending board meetings and providing guidance to the association on legal matters
Consulting boards on amending and revising governing documents, if necessary
Assisting associations with regulation and procedure drafts and revisions
Offering Plan Preparation
The Real Estate Practice at Phillips Lytle also includes condominium and homeowners’ association development as a key focus area. Our experienced attorneys represent developers and investors, and handle all aspects of condominium and homeowners’ association formation, including statutory compliance with registration, title and recording requirements, preparation of offering plans, and other work required to create and market a condominium or homeowners’ association project.
Our attorneys have successfully prepared hundreds of offering plans for filing with the New York State Department of Law. Due to our reputation for quality work, our offering plans are accepted for filing with the New York State Department of Law in record time.
Examples of our representative transactions:
Represented a developer in the conversion of a part-commercial and part-residential condominium on the upper west side of Manhattan, with an aggregate sales price of approximately $25,000,000.
Represented an investor in the purchase of a 50% interest in a condominium development requiring the purchase of land and air rights from a church and certain variances from the City of New York, with a total project budget in excess of $75,000,000.
Represented an architect/developer and equity investor in connection with the acquisition, financing and residential condominium conversion of five historic properties in Tribeca.
Represented two national developers in connection with a major university development project built upon a ground lease. Our work included drafting the garage condominium declaration and bylaws, and advising on requirements for site plan and floor plans to be publicly filed, as well as protocols to establish the condominium form of ownership, governance and use of the parking garage by the unit owners.
Represented a developer in seeking site plan approval and special use permit for condominium development and defended site plan approval and special use permit from legal challenge brought by the owner of the neighboring parcel. We efficiently and successfully settled the matter prior to completing litigation. Additionally, we completed the condominium offering plan and assisted in completing appropriate filings for this developer.
Represented a 150-unit homeowners’ association in converting a project’s form of ownership from homeowners’ association to condominium.
Represented a public benefit corporation in a public/private partnership transaction involving the construction and financing of a mixed-use, commercial and residential condominium development.
Represented a major university in creating a two-unit condominium within a six-story parking garage.
Represented a lender in the restructuring of six related credit facilities–three Connecticut land developments and three New York City condominium conversions–consisting of an aggregate loan facility of approximately $20,000,000, including issues relating to cross-collateralization, preferences and settlement of federal, state and local tax claims.
Represented a lender in connection with the financing of the fee and leasehold interests of a sponsor in a luxury condominium property on the upper east side of Manhattan in the amount of $60,000,000.
Covenants and Restrictions Enforcement
Due to our many years representing community associations, as well as our experience in the enforcement of covenants and restrictions, we can provide boards with guidance on covenants, restrictions, rules and regulations, and advice regarding possible outcomes and the projected cost of enforcement options.
Our attorneys have extensive experience handling all types of disputes and a proven track record of successful litigation of enforcement matters, ensuring the stability of association governing powers.
