Corporate counsel involves advising community association directors, and managing agents, on the legal rights, responsibilities and obligations of the community association. Often this requires forming opinions based upon the governing documents and applicable law. As part of counseling, we handle business transactions including negotiation, drafting, and review of contracts and other agreements associated with the activities of the business.
- Drafting and negotiating contracts
- Providing advice and opinions on the authority of the board of directors, maintenance obligations, liability concerns and day-to-day operations of the community association
- Assistance with procuring bank loans and alternate means of financing
- Enforcement of governing documents
- Disputes with neighboring property owners and other community associations
- Fair housing disputes
- Reconstruction processes
- Guidance with architectural review processes and disputes
- Document and record requests
- Annual and litigation disclosures
- Levying special assessments
- Drafting of maintenance matrixes and checklists
- Formation of executive and advisory committees
- Advice regarding insurance requirements
- Shared facilities agreements
- Drafting annual policy statements and annual budget reports
Election Issues and Membership Voting
We are often asked to draft balloting materials for elections, amendments, assessments, capital improvements, annexations, loans, etc. Our attorneys have run hundreds of membership meetings and are highly experienced in handling complex voting issues.
- Assistance with elections, including drafting of balloting materials, minute-taking, running membership meetings, etc.
- Handling recall and rule reversal petitions
- Townhall meetings
The transition from a developer-controlled to a homeowner-controlled community requires an experienced attorney to make the transition smooth and to ensure compliance with specific provisions of the law and governing documents relating to this transition period, including special and weighted voting rights, common area deeds, exoneration of bonds, annexation of property, etc.
- Assistance with weighted voting and special voting rights during early stages of community association operations
- Developer turn-over of common areas and facilities
- Exoneration of bonds
- Transitioning away from BRE budgets and reserve studies
Drafting and Updating Governing Documents
Whether it is a simple amendment designed to solve some pressing issues or a complete restatement of outdated documents, we assist our community association clients in achieving their goals. We also routinely review and draft rules, including election rules, architectural guidelines, collection policies, fine schedules, use restrictions, etc.
- Drafting of rules, including election rules, common area rules, architectural guidelines, delinquency policies, IDR policies, etc.
- Drafting or revising Bylaws
- Drafting or revising Articles of Incorporation
- Drafting or revising CC&Rs
In addition to litigation, our attorneys advocate for our clients in both internal dispute resolution (IDR) and alternative dispute resolution (ADR) proceedings. IDR and ADR together refer to any means of settling a dispute outside of a courtroom. ADR can involve arbitration, mediation, or other forms of conflict resolution – and the process can be voluntary or compulsory.
- Litigation, both as a plaintiff and defendant, including restraining orders and injunctive relief, from commencement through trial and post judgment or appellate proceedings
- Appellate review
- Internal Dispute Resolution
- Alternative Dispute Resolution
- Representation at public hearings, such as those before government agency, city council or planning department meetings
- Assistance and counseling relating to small claims hearings and appeals
- Collection of judgments