Ruth O. Katz
Community Associations Attorney
Principal
Education
- Hamline University School of Law (J.D., 2005)
- University of Minnesota (B.S. in Business, 2001)
Admissions
- Maryland
- District of Columbia
- Virginia
Services
Ruth Katz is a community associations attorney who helps board members of condominiums, cooperatives, and homeowners associations govern effectively. She provides general counsel to and resolves disputes for boards and property management companies in Maryland, DC, and Virginia.
Ruth brings experience coupled with enthusiasm to all her clients, whether advocating forcefully in court, poring over governing documents, or welcoming a new board member while explaining Robert’s Rules of Order. One client notes, “Ruth has demonstrated a superior level of knowledge and negotiation skill, and we have every confidence of continuing to rely on her for all such services. Ruth has been great to work with and as challenges may arise, I look forward to those future collaborations.”
As general association counsel, Ruth reviews, interprets and amends governing documents, drafts rules and regulations, reviews contracts, prepares and attends annual meetings, and enforces covenants. She skillfully defends associations against all claims, including contract breach of fiduciary duty, Fair Housing, employee issues, and insurance defense. Ruth regularly appears before Maryland, DC, and Virginia courts, as well as before the Montgomery County Commission on Common Ownership Communities. She also helps associations collect delinquent assessments. With each client, she focuses not only on the legal issue at hand, but also on the real-life impact to the association.
Ruth, who co-chairs Lerch Early’s Community Associations practice, educates her clients about new legislation affecting their associations. She is active in the Maryland Legislative Action Committee of the Community Associations Institute and its Washington Metropolitan Chapter, and received WMCCAI’s “Advocate of the Year” award.
Ruth loves world travel; pre-children, her favorite trip was hiking Peru’s Inca Trail to the ancient ruins of Machu Picchu. Most recently, she enjoyed bouncing with her husband, children, and Tigger on a Disney Cruise.
Education
- Hamline University School of Law (J.D., 2005)
- University of Minnesota (B.S. in Business, 2001)
Admissions
- Maryland
- District of Columbia
- Virginia
- Obtained a motion to dismiss before the Montgomery County Commission on Common Ownership Communities, defending an association's approval of a fence. The fence was on a “panhandle” or “pipestem” lot, in which adjacent houses are built facing different directions. The CCOC ruled that the homeowners association had the discretion on how and to what extent a rule should be enforced in special circumstances.
- Secured victory in the DC Court of Appeals on a Fair Housing issue in a cooperative where an owner alleged that the coop failed to accommodate her disability by denying her the right to sublet. First prevailed in this case in the DC Office of Human Rights, and again after five hours of oral arguments in DC Superior Court, before the DC Court of Appeals gave a final ruling in favor of the client.
- Successfully defended an appeal before the Maryland Court of Special Appeals for an association regarding the “business judgment rule” of an association’s board decision on roofing materials.
- Successfully defended a claim before the Arlington County Circuit Court in which a resident alleged that an association’s turning off his key fob for nonpayment of assessments was a breach of fiduciary duty, breach of easement, a Fair Housing Act violation, and retaliation under the FHA.
- Counseled an association on amending its bylaws to create lease restrictions and enforcement authority.
- Counseled a condominium on how to deal with a case of suspected employee theft, including notice to owners and termination of the employee.
Education
- Hamline University School of Law (J.D., 2005)
- University of Minnesota (B.S. in Business, 2001)
Admissions
- Maryland
- District of Columbia
- Virginia
- Named a "Leading Woman" by The Daily Record (2016)
- Received the "Volunteer of the Year" award from the Washington Metropolitan Chapter of Community Associations Institute (2016)
- Received the President's Award from the Washington Metropolitan Chapter of Community Associations Institute (2016)
- Listed as "Rising Star" in Real Estate by Maryland Super Lawyers (2011, 2013, 2017 present)
- Listed as "Rising Star" in Real Estate by Washington, DC Super Lawyers (2013, present)
- Received the "Maryland Advocate of the Year Award" from the Washington Metropolitan Chapter of Community Associations Institute (2014)
- Susan G. Komen Race for the Cure (Team Captain, 2013)
- Hillel House, Gallaudet University (Board of Directors, 2012-2013)
- Washington Metropolitan Chapter Community Associations (Board of Directors, 2017-present; Chair, Member Services Council, 2016-2017; Chair, Communications Council, 2015-2016; Co-chair, Maryland Legislative Committee, 2013-2015; Member, Quorum Editorial Committee)
- Community Associations Institute (Delegate, Maryland Legislative Action Committee)
- Maryland State Bar Association
- District of Columbia Bar Association
- Bar Association of Montgomery County, Maryland
- Virginia State Bar Association
- Women's Bar Association
Publications
Events
News
Successful HOA Meetings
Challenge
Board members and homeowners of one of Lerch Early’s HOA clients were subjected to excessively long and argumentative board of directors and membership meetings.
Strategy
Lerch Early’s community association attorneys regularly provide training to board members on how to run effective meetings. In this case, we scheduled training for the board of directors on Robert’s Rules of Order. Board members learned the benefits of a well-run meeting, the differences between running large and small meetings, how to construct an agenda, voting methods, and what to include in meeting minutes. We then conducted a meeting using what they learned at the next board meeting.
Result
Using what they learned and saw demonstrated, the board was able to cut board meeting times significantly. For the subsequent membership meeting, the board chair distributed an agenda to the owners prior to the meeting and explained the procedures at the meeting’s outset. The annual meeting ran smoothly with a minimum of disruption. When a resident with a perpetual grievance raised a complaint, there was no second, so the meeting proceeded. After the meeting, several owners commented that it was the best meeting they had attended.
Defense of Business Judgment Rule
Challenge
The architectural and environmental control committee of a Lerch Early homeowners association client approved construction of a fence. A neighbor challenged the approval before the association’s board of directors, which upheld the committee’s approval. The neighbor then filed a complaint before the Montgomery County Commission on Common Ownership Communities.
Strategy
Lerch Early demonstrated that the association acted properly and the board of directors rendered its decision without fraud or bad faith. We asked that the CCOC abide by the business judgment rule, by which a court will not interfere in the internal affairs of a corporation, absent fraud or bad faith.
Result
The CCOC ruled that the association had the discretion on how and to what extent to enforce its rules and dismissed the complaint.