HOA General Counsel and Litigation

King Laird PC understands the complexity in representing Homeowner and Condominium Associations (HOA) and property management companies. The Board of Directors is governed by a fiduciary responsibility to act in the best interest of the association and understands legal guidance is important to the efficient and effective operation of any HOA

Some examples of services our office has experience in related to HOA representation are as follows:

• Interpret, enforce, and provide proposed amendments to the Declaration, By-Laws, Rules and Regulations, and other governing documents;

• Assist Board of Directors on best practices for effectively, efficiently, and professionally managing the HOA;

• Providing assistance to the Board of Directors and community regarding the transition from the declarant/developer to the community;

• Assist the Board of Directors with collection of delinquent accounts, levying of Unit Owners, collection of past due assessments;

• Representation in civil matters including landlord/tenant issues, cease and desist orders, injunctions,

• Construction defects, common area defects, and other matters related to the Statute of Repose, which provides:

A civil action or proceeding brought against any person lawfully performing or furnishing the design, planning, supervision or observation of construction, or construction of any improvement to real property must be commenced within 12 years after completion of construction of such improvement to recover damages for:
(1) Any deficiency in the design, planning, supervision or observation of construction or construction of the improvement.
(2) Injury to property, real or personal, arising out of any such deficiency.
(3) Injury to the person or for wrongful death arising out of any such deficiency.
(4) Contribution or indemnity for damages sustained on account of any injury mentioned in paragraph (2) or (3).

One of the many challenges that make HOA disputes so challenging is that each HOA community is different. Each has their own Declaration, By-Laws, and Rules and Regulations that govern the community and the relationship between the HOA and the individual homeowners. We understand every HOA is different and personalize our services for each HOA’s particular needs.