What We Do
Range of Corporate Counsel Services
The Clarkson Law Group, P.C. assists community associations in virtually all legal issues a community association may face, including, but not limited to, the following:
Legal Opinions that Protect the Association and its Board
Civil and criminal prosecutions against board members and associations are on the rise. Legal opinions from CLG provide an association’s board with the legal protections of the business judgment rule and the peace of mind that the association is operating within the confines of the law.
General Civil Litigation
Associations increasingly find it necessary to participate in litigation to protect their rights or defend their actions. CLG’s litigators are experienced in handling everything from small claims court to complex class actions at the federal level and use that experience to protect associations legal interests.
- Legal Opinions
- General Civil Litigation
- Restraining Orders
- Compliance & Enforcement
- Under-funding Claims
- Alternative Dispute Resolution
- NRED Compliant Defense
- Developer Transition
- Creation/Modification of Governing Documents
- Contract Drafting & Review
- Non-Judicial Foreclosure
- Post-Foreclosure Sale
Situations of harassment and/or violence as well as substantive procedural errors pose a threat to the health, safety, and welfare of the directors, residents, and management of many associations. Where your association faces such issues, CLG will seek restraining orders to protect against such detrimental matters.
Compliance & Enforcement
Sometimes it takes more than a violation letter from the management company to bring an owner into compliance. If neighborly attempts at amicable resolution fail, CLG will assist your association in obtaining judicial relief (ex: injunctions prohibiting conduct, judgments forcing payment, declaratory relief establishing rights, etc.) to bring difficult owners into compliance.
Where a declarant/developer leaves an association without sufficient funds, CLG will negotiate and litigate to recover the deficiency in funding owed to an association.
Alternative Dispute Resolution (ADR)
Nevada law requires the submission of most association related claims to the Nevada Real Estate Division (NRED) ADR program prior to filing such claims in court. CLG will navigate the ADR process for an association in an attempt to bring its issues to speedy resolution.
NRED (Ombudsman) Complaint Defense
The investigation and prosecution of intervention affidavits against board members and associations is a process fraught with potential to violate the rights of associations, their directors, and their members. Obtaining CLG’s guidance and defense throughout the process will help ensure an association and its directors properly protect legal rights that are placed in jeopardy.
Transition from declarant control is an incredibly complex process for large associations, high-rises, and mid-rises, which will have a permanent effect on the future of the community. CLG will provide essential legal counsel for the transition process.
Creation & Modification of Governing Documents
Governing documents have a lasting effect on a community and improper provisions within such documents place an association and its directors at substantial risk for liability. CLG drafts custom-tailored documents and modifications for associations that comply with the needs of the association and federal, state, and local laws, which enhances the overall community and reduces liability.
Contract Drafting & Review
Associations often enter into contracts for hundreds of thousands to millions of dollars that have limitless legal implications. CLG performs the drafting and review of such contracts, as needed, to protect associations’ interests.
Non-Judicial Foreclosure (Collections)
CLG will collect delinquent assessments from owners through the non-judicial foreclosure process pursuant to the terms set forth in the contract for corporate counsel services.
Delinquent owners often utilize the bankruptcy courts to protect themselves from their obligation to pay assessments and thereby shift their obligations to their neighbors. CLG will perform creditor bankruptcy work to recover delinquent assessments from an association’s members that are in bankruptcy.
When an association owns a unit occupied by a resident not paying rent it is necessary to vacate such resident. CLG will take the appropriate steps to evict such persons.
When a foreclosed unit reverts to an association the association is left with collection costs and uncollected assessments. CLG will assist associations in the post- foreclosure sale of a unit in an attempt to recover such costs and assessments.
Fees, Rates, & Retainers
Please contact us for our corporate counsel services contract that will show the details of our standard rates and retainers, which includes flat fees for certain legal services. Because we understand that the needs, case complexity, and ability to pay vary from association to association, we are open to the negotiation of retainers and payment schedules. The Clarkson Law Group, P.C. will work with your Association to create a deferred payment arrangement for the payment of fees incurred in any legal matter.