Properties within deed-restricted communities are subject to the laws that govern that type of community. A community association is typically a non-profit corporation made up of various community members who take care of the various amenities and enforce the rules within the community.
Community associations exist for the greater good of their members. But they are also subject to numerous regulations, can become involved in internal and external disputes, and may be exposed to various risks.
Sure, everyone loves to have a community clubhouse and pool, or garbage and cable included in their monthly fees. But tensions can run high when a homeowner can’t park their RV in their driveway, or there’s a special assessment to pay for storm damage. Here are a few, but not all, of the ways a community association law firm can provide assistance.
It’s not uncommon for people to purchase property in community associations without having a full understanding of what’s involved. Specifically, new owners may not completely grasp the community restriction and other requirements. A community association lawyer can draft and assemble educational materials to prevent misunderstandings and ensure members are better informed.
Enforcement of Governing Documents
Even with the best education, some association members will still test the limits of the community’s rules and restrictions. A community association law firm can step in to enforce what’s written in the governing documents. The means of enforcement can range from writing a letter to pursuing judicial relief.
The most common types of community associations are homeowners’ associations and condo associations. These are set up as non-profit corporations but are generally run by community members who may not have any experience with corporation actions. A community association lawyer will ensure officers and members remain in full compliance with applicable laws and restrictions so that any financial or enforcement matters will hold up to judicial scrutiny.
Another prominent role assumed by community association lawyers involves collections. Unfortunately, some property owners may be unwilling or unable to pay their regular or special assessments. These funds are vital to fund the upkeep of community amenities, various included services, and some insurance coverage. A qualified attorney is vital when addressing collections matters, which can involve lawsuits, liens, and foreclosures.
Contact an Experienced Community Association Law Firm
The Clarkson Law Group, P.C. provides qualified corporate counsel services to community associations throughout South Carolina, and Northern and Southern Nevada. Our firm is a leader and trendsetter in the area of South Carolina and Nevada community association law, the representation of homeowners’ associations, condominium associations, cooperative associations, and more.
Our seasoned commercial law attorneys are committed to a preventative approach to legal issues. We welcome the opportunity to meet with your organization to explain our services or help you resolve any existing disputes. We have offices in SC, and Las Vegas and Reno for your convenience. Please contact us to schedule an initial consultation.