Condo and Community Associations
Our Condominium and Community Association Practice group is dedicated to assisting condominium, cooperative and planned community associations throughout Fairfield and New Haven Counties as well as those in the rest of Connecticut with the following issues:
- Collection of unpaid common charges and special assessments through foreclosure.
- Drafting collection and foreclosure policies.
- Drafting of maintenance standards.
- Enforcement of declarations, bylaws and rules.
- Enforcement of architectural restrictions.
- Assistance with architectural committee procedures.
- Obtaining and enforcing court orders to block or remove unauthorized alterations or to prevent inappropriate behavior by association residents.
- Addressing tenant and lease approval where appropriate and drafting of leasing restrictions to limit the number of rental units within communities.
- Addressing the unique issues related to co-operative representation, including transferring of leaseholds.
- Representation of associations in litigation on behalf of insurance carriers or otherwise.
- Providing general advice as to conduct of business including transition from developer control, corporate formality, insurance, unit owner meeting guidance, board meeting guidance and the use of Robert’s Rules.
- Drafting amendments to governing documents, including “opt-ins” to the Common Interest Ownership Act, and advice as to the proper method for amending association declarations and by-laws, and obtaining mortgagee approval.
- Assisting associations with preparation of resale certificates.
- Reviewing and negotiating of association contracts, including construction and general vendor contracts and assistance with related litigation.
- Representation of associations in litigation against declarants, successor declarants, contractors and subcontractors, including:
- Actions for damages due to construction defects and warranty claims.
- Actions for failure to pay maintenance fees for declared but unsold units, failure to relinquish control of associations, failure to establish adequate reserves, fraudulent representation and other breaches of fiduciary duty.
- Representation of associations in litigation against officers and managers for breach of fiduciary duty (such as for theft of association funds).
- Enforcement of use restrictions, including obtaining and enforcing court orders.
- Representation of associations in municipal zoning matters.
- Providing guidance to associations seeking a professional property manager to assist with the day to day running of the business of the association.
- Representation of associations related to Fair Housing Act and “CHRO” claims.
- Assisting associations with bank loan closings and with the raising of funds for capital improvement projects through special assessments by attending all relevant meetings and preparing meeting documents including notices of meetings, proxies and ballots.
Collection of Common Charges and Foreclosure
Governing Document Amendments
Evicting Problem Tenants
Construction Defects Litigation
Resale Certificate Guidance
FHA Approval and Recertification Applications
Problem Resident Issues
Fair Housing Act Guidance and Litigation
Land Use and Zoning Issues
Liens for Common Charges and Special Assessments
Unit Owner Bankruptcy