Representative
Cases and Matters
Our attorneys
routinely...
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Successfully work with associations in transferring structural maintenance of their storm water management facilities to Montgomery County
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Negotiate resolutions of developer claims on behalf of condominium association clients
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Assist community associations in drafting and implementing lease addendums to be used by all landlords that allows the association to have the power to initiate eviction proceedings against a tenant for non-compliance
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Prepare documents providing for unit owners to remain obligated for up to $1000 of the condominium master policy insurance deductible as permitted by state law
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Initiate legal proceedings against homeowners and obtain their compliance with outstanding covenant and maintenance violations
Specific
Matters
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Represented an association before the Montgomery County Commission on Common Ownership Communities and obtained an order in favor of the association requiring the owner to remove window bars from their unit
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Assisted a condominium association in the collection of over $350,000 from owners for outstanding assessments in a single year (2005)
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Worked with a condominium association in drafting bylaw amendments to restrict the number of units that may be leased at a time and prepare rules regarding the leasing of units
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Successfully defended a lawsuit initiated by an owner against the board and association for actions related to common area maintenance and use
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Assisted an association in obtaining owner compliance by working with the county agency for enforcement of maintenance and code violations against the owner
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Worked with an association to negotiate terms of a large construction renovation contract
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Assisted an association with drafting disclaimer language for use in its community newsletter and on its web page
Close Representative Cases
Community associations are governed by laws that can create unique and challenging issues for
Board members. The professionals of the Community Associations Group provide legal advice and counsel that helps members of condominium associations, homeowners associations, citizens associations and co-operatives govern appropriately and serve more efficiently and effectively. Our attorneys handle all matters involving community associations, including drafting and reviewing amendments to the governing documents, assisting with transition from developer
control and pursuing claims against developers, contract review and negotiations, and taking action against owners for violations of the governing documents — including the failure to pay assessments.
Many associations also use us as their general counsel, seeking advice from our attorneys for day-to-day legal issues. Our practice also encompasses such areas as foreclosures,
Bankruptcies, insurance coverage, labor and employment matters, code violations, fair housing and creditors’ rights. Additionally, the firm’s resources allow us to also handle specific issues in the areas of corporate, tax, litigation and real estate matters.
General Association Counsel
Our attorneys possess significant knowledge of the laws and regulations that govern community associations, and regularly advise our clients on a variety of legal issues which arise on a day-to-day basis, including:
Additionally, we realize that important issues sometimes arise outside of normal business hours.
As such, one of our attorneys is always available for consultation, either in the office or via phone.
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Legal Opinions and Dispute
Resolution
Disputes, covenant enforcement and other issues can raise questions that require complex legal
analysis. At the request of the Board of Directors, our attorneys review individual situations and
provide well-reasoned legal opinions. These matters include large construction/renovation projects, routine service and maintenance items, conflicts in the enforcement of the association’s governing instruments, architectural control problems and managerial problems with individual owners. When we believe that a particular issue should be brought to the attention of the Board of Directors, we initiate an appropriate discussion.
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Collections
The collection of delinquent assessments can be a frustrating and time-consuming task. As such, we assist our association clients in the collection of delinquent assessments using a vigorous and consistent approach. We are experienced in, and are prepared to take action with respect to: filing liens against individual unit owners, initiating lawsuits for the collection of assessments and seeking enforcement of those judgments through garnishments, and, if necessary, foreclosing upon the property.
Our collections department is staffed by experienced paralegals who are supervised by lawyers in our group. In assisting our clients, the paralegals obtain deeds to confirm ownership, prepare and forward notices of intention to create a lien, file liens, and a variety of other tasks towards the collection and resolution of the delinquent account. We have a collection agency license, which coupled with our in-house credit access capabilities allows us to obtain work and bank information to assist in the collection of outstanding judgments.
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Covenant Enforcement and
Litigation
Whether it is an owner’s hot pink door or the individual who parks a car on their front lawn, our attorneys have experience dealing with the myriad covenant enforcement issues that can arise. To that end, we represent our clients in connection with the initiation of actions to enforce Association Covenants and rules. In addition, the depth of knowledge and skill that our attorneys possess allows us to provide counsel to our clients in the defense of all matters including claims involving employment discrimination, civil and criminal law matters, fair housing, negligence or breach of fiduciary duty.
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