Association General Counsel Services

  • Declaration, By-laws, Rules & Regulations and Legal Opinions
  • Governing Documents Amendments
  • Board Authority & Governance Issues
  • Governing Document Enforcement & Interpretation Assistance
  • Contract Review & Advice
  • Pre- & Post Transition Assistance
  • Maintenance Matrix - Who Pays for What?
  • Association Incorporation Process
  • Insurance Claims Assistance

Declaration, By-laws, Rules & Regulations Review and Legal Opinions

What do your governing documents say and what does it mean? It is often difficult for boards and association managers to parse out language in their declaration (or CC&Rs), apply it to a particular situation and know with certainty what the end result should be. We can help provide direction when questions arise. The process may be as simple as working it out over the phone or as involved as researching and drafting a formal legal opinion.

Governing Documents Amendments

Whether your documents are in need of minor adjustments or a complete overhaul, we can help get your association's most important documents in shape. We assist associations with a variety of amendments, including:

  • Leasing restrictions;
  • Updating insurance requirements and responsibilities for owners;
  • Defining maintenance and repair responsibilities and assigned responsibility between owners and associations; and
  • Clarifying documents to be readable and accessible to owners.

The process of amending association documents can be lengthy and complex. We'll walk you through step by step, keeping it as straightforward and simple as possible and addressing any questions or concerns you have.

Governing Document Enforcement & Interpretation Assistance

What do you do when an owner simply refuses to live by the rules governing the community, despite warnings, fines and loss of privileges? We can help provide tools and solutions for dealing with difficult owners. We look first to obtain compliance without legal action through alternative solutions, but will also take necessary steps through the courts to protect your association. We work to pass the cost of obtaining compliance through to the offending owner whenever possible. We assist boards in complying with their governing documents as well, especially when boards are considering major repairs or improvements, contentious homeowner meetings or special assessments. This ensures fewer challenges from owners to Board action.

We assist Boards with answers to day-to-day operations questions, frequently by phone or email. Questions from Board members and association managers range from "Who is responsible for replacing windows in a unit?" to "Does the Board have authority to take out a loan?" We review contracts for a variety of services provided to associations, including contracts from vendors, contractors and association managers (to name a few). We help boards balance the risks inherent in any decision while working towards association goals.