Community associations perform similar functions to municipalities, sometimes providing a higher level of services and amenities. As a result, regardless of the size of an association, operations may be fairly complex. Winer & Bennett’s skilled team of attorneys are well-suited to provide guidance and assistance in every aspect of operations.
Condominium Instrument Enforcement
The governing board of an association has a fiduciary duty to enforce the association’s documents and each unit owner or resident has a legal obligation to abide by those documents. Unfortunately, through mistake, lack of knowledge or the occasional willful defiance, members of the community do break rules and engage in misconduct. Winer & Bennett can assist associations with establishing in-house policies and procedures for handling such situations with due concern for efficiency and fairness. Should more formal legal action be required, our team of attorneys are available to quickly address issues and to bring them to resolution.
The creation and enforcement of rules and regulations is a topic that our team of attorneys frequently address. Our rules and policies will be designed not just to comply with law but also to avoid future controversy.
Our attorneys have experience utilizing the assistance of municipal officials, where applicable, to assist the association in achieving its goals of enforcing the restrictions on the property. Although not all municipal officials are willing to be involved, they should not be overlooked. Conversely, we have experience in protecting our association clients in instances in which the municipality becomes overly involved and seeks to hold the association responsible for the actions of a single unit owner.
The condominium instruments place responsibilities on the association as well as the unit owners. Typical instruments contain provisions relating to required board actions on topics such as: annual meetings; special meetings; budgets; assessments and collection of assessments; rules enforcement and fines; and hiring of vendors. Winer & Bennett can assist your association with compliance regarding proper notice and procedures for accomplishing meetings and other tasks. We can also review and negotiate contracts to ensure proper protection of the association’s interests.