LITIGATION & LEGAL COUNSEL

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  • Can an association sue an owner?

    Associations may pursue legal remedies when necessary to enforce governing documents, collect amounts owed, obtain access or address other legal violations.


    Litigation should be viewed as a tool rather than an objective.

  • Can an owner sue the association or Board?

    Yes.


    Associations and Board members can become defendants in lawsuits involving governance, maintenance, enforcement, records, elections, discrimination, contracts and numerous other issues.


    Promptly tender any lawsuit or formal legal claim to the association's attorney and appropriate insurer.

  • Does every dispute require litigation?

    Absolutely not.


    Many association disputes can be resolved through communication, negotiation, enforcement procedures, payment arrangements, mediation or attorney involvement short of filing suit.


    The best legal outcome is often the one that solves the problem efficiently without creating unnecessary expense and hostility.

  • Why should a community association hire an attorney who focuses on association law?

    Community association law is unusually interconnected.


    A question that appears to concern a leaking pipe may involve the declaration, insurance, maintenance obligations and negligence. An election question may involve statutes, bylaws, proxies, notices and quorum requirements. A collection matter may intersect with foreclosure or bankruptcy.


    Counsel familiar with community associations can identify these overlapping issues before they become larger problems.