Developers
Dworken & Bernstein’s attorneys provide comprehensive advice to developers creating a planned community or condominium development. We guide developers through the complex legal requirements necessary for the creation, maintenance, and eventual turnover of condominium associations and homeowners’ associations both for planned communities, subdivisions, condominiums and other developments. Such documents must navigate the complex statutory requirements for such developments which requires extensive documents to properly create such legal associations, comply with state and local zoning and recording requirements, and provide for the correct restrictions and transfer implementation criteria. We assist developers in managing the association until it is ready for handoff to the condo or home owners helping ensure that all requirements of the law and establishing documents are fully complied with to avoid liabilities. There are many options on what types of things can be restricted with these types of agreements from the look and appearance of the buildings in the development, to the types of accessory structures that can be built, to how long an owner can allow the grass to be. These restrictions must comply with state and local law but also be implemented in a non-discriminatory manner. Frequently as these real estate developments are undertaken the last thing the developer wants to deal with is the association that will eventually collectively govern the community. Along the way the association documents may need to be amended which is a perilous task without experienced representation. As lots or units are sold there are requirements on the developer that can be difficult to manage without experienced representation. Also, seating the first association board requires properly noticing and holding elections which is imperative be done correctly. Our attorneys can manage that process.
Condominium Associations
Dworken & Bernstein’s attorneys provide comprehensive advice to condominium associations on a diverse range of issues that such associations routinely face. Our attorneys assist the associations on proper management, holding elections, amending the association’s governing documents, dealing with owners that want to rent their units, implementing higher monthly fees, establishing reserves for repairs and maintenance, imposing assessments for upgrades, repairs, and expansion, and dealing with delinquent owners who have failed to pay their association fees. We can assist associations with managing problematic or disruptive owners and securing liens on units that have failed to pay their fees and assessments. Dworken & Bernstein brings comprehensive advice and support to condominium association boards.
Homeowner’s Associations
Dworken & Bernstein’s attorneys have significant experience in drafting and managing homeowner association (HOA) documents and representing homeowners’ associations effectively. We assist HOA boards to help them analyze, interpret, and enforce their governing documents with their members and can also assist with the drafting and implementation of votes on leadership or any needed amendment of those governing documents to keep them up to date with current laws or to address the board’s concerns. We assist associations in placing liens for delinquent fees and assessments and provide practical advice on collection options from delinquent owners. We can assist both homeowners associations and individual members on the application and implementation of HOA restrictions and rules up to and including litigation. We assist associations in ensuring that the association’s rules are implemented fairly and in a non-discriminatory manner in compliance with all applicable laws.
