Condominium And Homeowner Association Lawyers

Last updated on November 7, 2024

The attorneys at Pentiuk, Couvreur & Kobiljak, P.C., possess the experience and tested knowledge to provide you with all levels of legal service to fully represent your Condominium or HOA’s situation. This representation may involve the preparation of the governing documents to create a new association, to the corporate representation of your HOA community, to representing your own personal condominium matter.

Experienced Attorneys Ready To Assist With A Wide Range of Legal Matters

With more than a century of combined experience, our attorneys have represented Condominium and Homeowner Associations and have addressed a multitude of matters that confront associations on a regular basis. This representation may focus upon:

• Corporate governance: We provide services such as drafting and amending an association’s governing and corporate documents. Our lawyers also attend annual, special and monthly meetings. We provide guidance on parliamentary procedure and open meeting requirements.
• Management oversight and leadership transitions: We provide oversight of association management, including management selections. We also assist with transitions and selection of board members, committee members and officers.
• Collections, liens and foreclosures: We help associations pursue legal recourse for collecting unpaid dues, assessments and other debts.
• Developer and associations disputes: We represent associations in disputes with developers.
• Contracts: We advise associations on third-party contracts, vendor contracts and contract-related disputes.
• Insurance and risk management: We provide guidance for associations on insurance coverage, insurance claims and risk management strategies.
• Board training and management oversight: We work with association boards and managers, equipping them with the knowledge and procedures to fulfill their duties.
• Capital planning, mortgage refinance and bankruptcy: Our lawyers assist with the financial aspects of operating an association, including short-term and long-term capital planning. We also help associations pursue bankruptcy when necessary.
• Construction matters: We help draft and review requests for proposals and construction contracts. We also provide construction management oversight.
• Disputes: Our skilled litigation attorneys address disputes involving board members, co-owners/neighbors and other association-related disputes.
• Medical and recreational marijuana: We offer in-depth guidance on this issue in light of recent legal shifts.
• Legislative advocacy: Our lawyers are proactive in pursuing positive legislative developments in the realm of housing association law.

Homeowner Association FAQ

Here are general answers to some of the most common questions we hear from our Condominium and HOA clients.

What are Homeowner Associations?

A Homeowner Association (HOA) is a method of self-governance for a residential community with common interests, such as a neighborhood, gated community or condominium. Typically, a board of homeowners in the community establishes and enforces rules and bylaws, manages common areas such as parking facilities and laundry rooms and collects fees from the community for common area maintenance and repairs.

What are the benefits of being a member of an HOA?

A solitary homeowner is responsible for all necessary repairs and maintenance to their property. An HOA will take care of many of these issues for you, such as repairing or replacing the condominium’s roof, mowing the grass and shoveling sidewalks. Many HOAs have amenities, such as a private fitness center or swimming pool, that most people cannot afford on their own. And when you have a dispute with a neighbor, the HOA board can mediate and help find a solution.

What is the responsibility of the association versus mine when dealing with issues?

Each HOA has its own governing documents and rules for when it is responsible for a repair and when the homeowner must pay for it themselves. But generally, the Homeowner Association is responsible for the cost of repairing or replacing common elements inside and outside the individual home units. Examples of “common elements” include electrical, sewer and water elements between their source and the point at which they enter the homeowners’ units. It usually also includes the structures of common areas like hallways, pools and community rooms. The homeowner is responsible for any damage to the interior of the unit, like the interior walls, ceiling, doors and limited common elements (which serve that unit only).

A pipe broke in my unit; whose responsibility is it? My neighbor? Myself? The Condo Association?

It often depends on where the problem originated. A burst or leaky pipe that causes damage within your own unit is generally your own responsibility. But if your neighbor caused the problem, such as by pushing a clog from their unit’s pipes into yours, they might be the one who must pay under your HOA rules.

Do I need to have my own insurance policy?

Yes. A homeowners’ policy will cover damage inside your unit for which you are responsible, as well as damage to your personal property, like furniture and appliances. Without insurance, you will be stuck paying out of pocket.

What are the responsibilities of a condo or HOA board under the law?

Condo and HOA boards play several key roles in their communities. They may be responsible for reviewing bylaws, assigning duties to condo board members and enforcing rules, for example. Overall, condo and HOA boards have a fiduciary duty to uphold, which means they must act in the best interests of the community.

If a condo or HOA board neglects their duties or breaches their fiduciary duty, they could face legal claims.

How can I challenge a decision made by my condo or HOA board?

A condo or HOA board may make decisions that directly impact community members, such as if they misuse funds, deny architectural requests, violate condo or HOA policies, or fail to maintain common areas. Community members can challenge the association by understanding the legal mechanisms in place. A lawyer can help community members strategize a plan to challenge a condo or HOA board decision.

What are my rights as a homeowner or condo owner within an association?

The homeowners and condo owners in these associations often have certain rights given to them by the association. Examples include discussing residential matters at public meetings or making specific requests. These are just a few; learning more about your rights can help you resolve any issues you have with an association.

How can an HOA enforce rules and regulations, and what are the legal limits?

They may enforce their rules by issuing warnings, levying fines or restricting access to amenities. Legally, rules must comply with state and federal laws, be uniformly applied and not infringe on homeowners’ rights. Unenforceable rules include those violating discrimination laws or lacking proper justification.

What should I do if my HOA is not maintaining common areas or fulfilling its duties?

Always remember your rights as a homeowner. You may seek relief by complaining to the board directly, voting to remove board members or filing a lawsuit against the HOA. An HOA can be sued successfully on the grounds of negligence or breach of fiduciary duty.

Talk To Our Lawyers About Your Condo Or Homeowner Association

The unique community living presented by Condominium and Homeowner Associations requires attorneys such as those at Pentiuk, Couvreur & Kobiljak, P.C., who have a record of navigating an association board and its residents through learned, tested representation. Contact our attorneys today to help you address all your Condominium and HOA legal needs.

Call our Wyandotte office at 773-435-9064 or our Chicago office at 773-435-9064. You may also send us an email through our online contact form. We work with clients throughout Michigan and Illinois.