Legal Review and Opinions

Governing documents may include the Articles of Incorporation, Bylaws, CC&Rs, Condominium Plan (if applicable), rules and policies. As laws change, it is important to update your documents, and in some cases, the law requires revisions or you could face penalties. It is recommended that legal counsel review your documents every few years to ensure compliance with current laws. Revising or restating your Bylaws or CC&Rs requires a vote of the members. We will guide you through the election process and prepare a balloting package to include a summary of document changes, voting rules and procedures, and the official ballot.

As of January 1, 2020, community associations are required to adopt election policies in compliance with the new regulations. We will provide your community with election rules in compliance with the new laws and review your existing Bylaws and CC&Rs to ensure consistency. Other recommended policies that communities should adopt include solar maintenance and indemnity agreements, electric vehicle charging station maintenance and indemnity agreements, as well as architectural rules and policies. Each community is unique and the rules and regulations you adopt should reflect the nature and needs of your community. As one size will not fit all, we recommend seeking guidance when adopting rules and regulations. 

Preferably, in an effort to save all parties the expense and time involved in litigation, it is preferred to resolve disputes prior to litigation. Internal dispute resolution (“IDR") is an informal process wherein the parties attempt to resolve the dispute without incurring expensive legal fees. While attorneys may participate in IDR, we recommend trying to work it out first between the parties. If IDR is unsuccessful, the next step is alternative dispute resolution (“ADR"). ADR includes both arbitration and mediation. Mediation is less formal than arbitration but involves a mediator and, although not required, usually both parties are represented by legal counsel. The mediator's purpose is to try and assist the parties to resolve the dispute. The mediator does not make any binding decisions. Rather, any decisions made during mediation is completely up to the parties. Alternatively, arbitration is more formal than mediation but less formal than court. Arbitration is like a mini trial with an arbitrator that acts similarly as a judge. The arbitrator will make a binding or non-binding decision during arbitration. If the decision is non-binding, the losing party may proceed in court. We have had much success in assisting clients in resolving contentious disputes without the expense of litigation. 

The Fair Housing Act (“FHA"), which applies to community associations, prohibits discrimination in housing due to race, color, religion, sex, national origin, disability and familial status. In 2016, HUD established association liability for discriminatory conduct by its Board, directors, employees, as well as residents. Since an association could be liable for "failing to take prompt action to correct and end a discriminatory housing practice . . . where the person knew or should have known of the discriminatory conduct . . . ” associations should seek legal counsel to advise their community regarding discrimination claims.

Associations are required to approve reasonable accommodations for disabilities. What do you do if you know an owner is being dishonest about a disability? What accommodations are required? Who pays for the accommodation? What if two owner's have disabilities and the requested accommodations conflict? We will help your community navigate these sensitive requests for accommodation.

Having served as the developer representative on numerous Board of Directors, Ms. James is well apprised of the issues and concerns during the developer transition phase. We will help your community navigate the transition as smoothly as possible as well as help to review and amend the governing documents to remove declarant language when the community is complete.

Although attorneys may not represent you in small claims court, we will help prepare you for court as well as help you prepare all the necessary papers and filings for small claims.