Our firm represents a large number of community associations (condominium and planned community associations) and assists them in meeting their legal responsibilities as well as providing effective representation when they are required to go to court. We have organized property owners associations, assisted at annual meetings, prepared documents extending and amending restrictive covenants, collected past due assessments, provided advice on insurance and financial agreements and assisted in the adoption of effective bylaws.
What is a Property Owners’ Association Attorney?
A property owners’ association attorney works with associations to avoid legal problems in the management of their subdivisions or condominiums. Knowledge of the laws governing planned communities and condominiums is essential. Just as important is the ability to find ways to deal with problem members. A property owners’ association attorney can make life much easier for volunteer board members and officers.
Why Do I Need a Property Owners’ Association Attorney ?
The primary reason to consult a property owners’ association lawyer is that he can help you prevent small issues from turning into large and expensive law suits. Our insight and understanding arising from our experience with such organizations allows us to offer advice and representation to community associations that can often avoid litigation and solve problems without damaging the relationship with your members.
Hire a Property Owners’ Association Attorney in North Carolina
If your association wants to discuss your situation with an experienced property owners’ association attorney, look no further. Our firm represents a large number of community associations and assists them in meeting their legal responsibilities as well as providing effective representation when they are required to go to court. We have organized property owners associations, assisted at annual meetings, prepared documents extending and amending restrictive covenants, collected past due assessments, provided advice on insurance and financial agreements and assisted in the adoption of effective bylaws. Click here to contact a property owners’ association attorney in western North Carolina.
Property Owners’ Association Resources:
Tips for Property Owners’ Associations
- Maintain a high level of communication between the board of directors and the members. Many problems arise simply because the board of directors does not keep the membership regularly informed of the issues being faced by the board and its actions to deal with those issues. Consider sending copies of board meeting minutes by email or posting them on an association website.
- Maintain association minutes in a notebook so that succeeding boards will have accurate records of previous action.
- Organize and keep association financial records in a manner so that succeeding boards will be able to locate invoices, banking records and tax records.
- If your community’s covenants are extended or amended by a vote of the association (rather than by a document signed by property owners) be sure to contact an attorney for preparation and recording of a certificate reflecting that action.
- Always note in association bylaws the date when changes were made and keep copies of earlier versions of the bylaws.
- Carefully comply with requirements for advance notification of meetings.
- Be sure that any proxy form is in compliance with the association bylaws and North Carolina Law.
- Notify all members of the names and addresses of officers and directors within 30 days of their election.
- Consult an attorney before filing a lien for assessments. The provisions in the Planned Community Act for such liens are confusing and there is significant risk from an improperly filed lien.
- If your subdivision is subject to the Planned Community Act, the association is required to maintain property insurance on the common elements and liability insurance, if it is reasonably available. If not available, the association must give written notice of that fact to all lot owners. Even if your subdivision is not subject to the Planned Community Act, it is a good practice to obtain insurance for the association. See an attorney for additional information regarding what coverage should be included in the insurance policy.