– Covenant and Rule Enforcement
Covenant and rule enforcement is one of the most difficult aspects of managing a community association. Your community’s covenants were designed to protect property values by keeping the community a desirable place to live. As a board member, you deal with all types of owners; the ones who don’t believe in leniency and the ones who think a friendly reminder encroaches on their freedom. At Barrow|Hoffman we help you find the right balance for your community. If your association is experiencing covenant or rule enforcement issues, we can assist you with any and all of your covenant enforcement needs. Whether it’s reviewing or drafting architectural guidelines, drafting letters seeking compliance from violating homeowners, providing you with recommendations on voluntary compliance, or going to court, we know where and how to draw the line on covenant enforcement and will work together with you to make sure your association is doing the best it can when it comes to covenant enforcement.
– Document Amendments
Effective governing documents are the foundation for every community association. Documents that are antiquated or no longer serve the needs of the community can cause major problems for any board. Many associations have turned to Barrow|Hoffman for guidance and recommendations on how to obtain legally-sound documents that adequately protect and support their communities. We offer a broad range of options to help board members evaluate their community’s documents and determine whether amendments or revisions are necessary. From start to finish, we’re able to guide you step-by-step through the amendment process. Our attorneys will work closely with the Board to ensure we understand the goals and objectives of the community and will provide a comprehensive explanation of the approval requirements, and the documents and strategies that you need to make your amendment project a success.
– Contract Review and Disputes
The day-to-day operations of community associations are reliant upon contracts ranging from vendor and construction to maintenance and insurance. At Barrow|Hoffman, we believe the best way to protect the association is by making sure that all contracts adequately protect the association and that the board understands the contract provisions. We will review your association’s contracts and provide you with a comprehensive analysis of the contract, highlighting any potential issues and providing recommendations on how to effectively safeguard the association. In the event a dispute emerges, our team is prepared to help your association negotiate terms agreeable by both parties. Our experienced team of attorneys have reviewed thousands of contracts, successfully protecting each association’s best interests. Should litigation result in the event of non-performance or some other breach by a contractor or other vendor, we are ready to protect the association’s interests in court.
– Transition from the Developer/Declarant
The transition from Developer/Declarant control to Board/Association control is complicated from a legal, financial and logistical standpoint. Our attorneys will work with your association to ensure that the Developer/Declarant is complying with all legally mandated requirements and will work closely with other professionals including engineers and accountants to facilitate a proper transition study and audit in order to put your association in the best position possible during, and following, the transition process. Should litigation be required, we are experienced in handling association versus developer disputes and will strive to bring the matter to a resolution in a timely and cost effective manner.