Condominium Owners Associations Legal Representation
Condominiums have their own unique version of community associations laws and regulations. Like Homeowners Associations and Property Owners Associations, Condo Associations are tasked with protecting property values. There are a lot of the same principles that apply to HOAs, POAs, and Condo Associations, but there are some differences.
To protect property values, restrictions are placed on privately owned property and everyone who buys a Unit agrees to those restrictions. Like HOAs, the Condo Association collects dues to both maintain the Common Property and enforce the rules and restrictions. As with HOAs, Condo Associations are usually run by volunteer boards made up of members of the Association.
Enforcing Covenants and Bylaws while remaining in compliance with local and state laws can be challenging, and Condominium Boards usually have the added task of planning the maintenance of the Common Elements and Limited Common Elements, which is a unique feature.
At Patrick Collins, LLC, we provide comprehensive legal services to Condo Associations primarily located in Daphne, Fairhope, Spanish Fort, Gulf Shores, Orange Beach, Foley, Robertsdale, Summerdale, Lillian, Elberta, and throughout Baldwin County, Alabama and in Mobile County, Alabama.
The Condominium Act
One of the biggest differences between Condos and HOAs in Alabama is the Alabama Uniform Condominium Act of 1991. It applies to Condominiums, not HOAs. For older Condo developments, the Condominium Ownership Act applies. All Community Associations, including Condos, fall under the Alabama Nonprofit Corporation Law, so your Board should also be aware this law.
Whoever your Condominium Board chooses to hire for legal work, make sure they have experience.
One of the biggest challenges we see, besides enforcement of Covenants, is compliance with the Law particularly when it comes to determining what the Association is responsible for fixing or maintaining versus what the Unit owners must take care of. There can be difficulties determining where the Association’s responsibilities start and where they end.
Our experience has given us insight in helping the Condo Board perform its duties and protect the Owners’ investments. We are often able to share experience with the leaders of the Association and this experience can help address issues before they arise. And we simply enjoy solving problems for our clients.
Over the years, we have helped many Condo Associations effectively manage their legal needs. Our services include:
- Drafting or amending bylaws, declarations of covenants, architectural rules and regulations
- Interpreting governing documents – covenants, articles of incorporation, bylaws, etc.
- Enforcing covenants and restrictions, including Architectural violations
- Assisting the client in recovering dues and assessments
- Representing the Association during disputes with homeowners
- Meeting with the Board of Directors and on occasion resolving disputes between Board members
- Ensuring compliance with local laws and nonprofit Corporation laws
- Assisting with Management procedures
- Advising associations on daily operations and long-term planning
Contact Our Firm Today
At Patrick Collins, LLC, it is our personal attention and dedication that set us apart. Every client at our firm has direct access to lawyer Patrick Collins. He personally evaluates State law and Association documents, helping clients determine their best legal path.
You may contact us online or call us at 251-445-5849. Initial consultations are free of charge, by appointment.
Delivering personal attention, commitment, and legal experience to clients for over 30 years.