The Law Firm of Kelley & Grant is devoted to serving the Boards of condominium and homeowners’ associations.
The Firm provides counseling to country clubs, master associations, property owners’ associations, and owners’ ad hoc committees. We assist Boards and management companies in preparing for and conducting members’ meetings as well as Board meetings. We actively assist our clients in interpreting and amending governing documents, including drafting amendments, rules and regulations. We are always available to provide guidance in the event that enforcement of the rules become necessary.
The Law Firm of Kelley & Grant also assists Associations in drafting and negotiating provisions of services contracts with vendors, in addition to resolving vendor contract disputes.
If your Association is named in a mortgage foreclosure suit, our firm will actively defend and protect the Association’s interest in order to preserve the Association’s ability to collect the maximum allowable past due assessments from lenders, post bank foreclosure.
The Firm will aggressively pursue delinquent unit owners for past due assessments, and prosecute collection actions from beginning to end.
Each client will have access to an attorney who will provide legal counseling to the officers and directors and work closely with management companies to ensure the best operation of the Association. For a complete list of all the matters the firm can assist your Association with, please contact us. In addition to the matters described above, our attorneys can assist your Association with the following items:
- Legal counsel in the application of state and local law and court rulings and administrative decisions impacting the operation of Community Associations.
- Compliance with applicable Federal laws, such as the Telecommunications Act of 1996, the Fair Housing (FHA) and Americans with Disabilities (ADA) laws (e.g., emotional support animals), as well as Employment Discrimination Laws and claims, in addition to related state and local statutes and ordinances.
- Interpretation, amendment, HOA and POA preservation and resurrection (30-year Marketable Record Title Act “MRTA”), and enforcement of the governing documents — Declaration of Condominium, Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation, Rules and Regulations, and the Association’s Bylaws.
- Answering day-to-day questions regarding operational, technical, regulatory, and practical concerns.
- Assisting the Board of Directors on fiscal matters, such as general budgeting, levying special assessments, establishing reserves, and estoppel letters.
- Addressing maintenance and repair issues (common elements vs. limited common elements vs. unit owner property) and distinguishing between those projects which require Board approval and those which require unit owner approval (simple vs. super majority)
- Drafting and reviewing contracts for the management, maintenance, repair and operation of the community.
- Assisting in planning and developing contracts for construction projects and complying with construction lien laws.
- Collection of delinquent assessments, liens and foreclosures