Community Association Law
Phillips Lytle understands the practical challenges that community associations face every day. The nature of legal services 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 team is on top of the latest developments and trends in community association law, and we offer our clients the most updated information on best practices and requirements within this increasingly complex field.
Phillips Lytle’s Community Association attorneys provide legal counsel to condominium and homeowner 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 the Telecommunications Act of 1996, the Fair Housing laws and the 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 any legal matter
- Consulting boards on amending and revising governing documents if necessary
- Assisting associations with regulation and procedure drafts and revisions
Due to our many years representing community associations, as well as our experience in the enforcement of Conditions, Covenants and Restrictions (CC&Rs), we can provide boards with guidance on CC&R rules and regulations, and advice regarding possible outcomes and 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.
