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HOA/Condo Governance Services

The attorneys at Pender & Coward, P.C. 弗吉尼亚HOA治理和Condo治理的权威是谁. We have the knowledge and experience to provide exceptional legal counsel for both residential and commercial cooperative common interest communities. 我们协助住宅共管公寓和业主协会, their boards, 他们的成员有各种各样的法律问题, 包括帮助协会渡过建筑工人更替的过渡期, enforcing covenants, conducting meetings, 起草和审核文件, 定义规则和条例, 征收评税及罚款, and resolving disputes. 此外,我们的律师还为管理公司提供培训.

Enforcing Covenants and Rules

Our experienced community association attorneys assist property management companies and community associations to assure the association is enforcing the association’s covenants and rules. Our attorneys work with managers and boards to evaluate the best enforcement strategy for their particular HOA or Condo. This includes reviewing, updating, 并起草有效的执法和罚款政策和程序,以确保公平, uniform, 以及对成员的一致对待. Our team will diligently remain current regarding ever changing Virginia law and the enforcement rights provided under the association’s governing documents. 这使我们能够有效地执行关于体系结构指导方针的适当遵从性, pet rules, lease violations, 拆除未经批准的构筑物, 妥善保养物业, nuisance behaviors, and other violations.

界定规则及规例

董事会有唯一的权力制定, adopt, 并执行有关社区协会内公共区域使用的规章制度. Our team of experienced community association attorneys assist property management companies and boards of directors to assure the association is complying with Virginia law and properly defining its rules and regulations so that everyone will know where they stand, 不会有误解或混乱, 每个成员都不会受到偏见的对待. Our attorneys regularly counsel boards of directors on proper governance and best practices for ensuring compliance with community association rules and regulations including rules regarding solar energy collection devices, 电动汽车充电站和宠物. We have extensive experience in preparing rules and regulations that meet the specific needs of each association and updating outdated rules and regulations to make them clear, 简洁,易于理解和执行.

征收评税及罚款

Our team of experienced community association attorneys is aggressive and strategic in 征收评税及罚款. 评估通常是协会维持财产价值所需的唯一收入来源. Our attorneys have invested significant resources in technology and staff with the goal of recovering the association’s delinquencies in a timely and cost-effective manner. 这包括起草要求信, negotiating payment plans, obtaining money judgments, 并寻求判决后的补救措施,包括扣押工资、银行账户和征税. We offer counseling to the association on recording liens on property for unpaid assessments and will work with the association through foreclosure and bankruptcy proceedings. 我们还可以帮助协会创建一个定制的和有效的评估恢复策略.

Resolving Disputes

Our experienced community association attorneys have extensive experience handling disputes between the rights of the association and rights of the homeowner. Our attorneys regularly represent associations in resolving disputes between individual property owners and the association regarding the architectural requirements in the associations’ governing documents. These disputes usually involve owners who violate the association’s architectural requirements by failing to submit an application for approval to the board of directors or the association’s architectural committee or who violate the association’s rules, regulations and guidelines by failing to ensure that their construction project complies with the association’s covenants. 在协会不得不寻求法院干预之前,我们已经成功地解决了这些争议. 协会与业主无法达成协议解决问题时, 我们已经通过法院成功地进行了诉讼.

居屋委员会/共管公寓委员会的角色是什么?
A common interest community association is run by an HOA/Condo board of directors that is elected by the homeowners to oversee and protect the common assets of the association, manage its finances, enforce its covenants, 并保持它的属性值. Members of the board of directors are fiduciaries who must act in good faith and make decisions based on the best interests of the entire community. 他们必须抛开一切个人偏见.

居屋/共管公寓的契约和规则是如何执行的?
The governing documents of the association give the HOA/Condo board the duty and responsibility to enforce the covenants, rules, 以及社区的限制. The primary way in which the HOA/Condo board enforces its covenants and rules is through the imposition of monetary fines. 取决于协会的管理文件授权, 居屋协会/共管公寓委员会可能会暂停业主的特权, 包括投票权和使用社区设施的权利. Finally, 居屋协会/共管公寓委员会可以执行其契约, rules and regulations by filing an enforcement action in court to gain compliance through an injunction order from the court.

不缴付居屋/共管公寓评估有何后果?
共同利益社区内的所有业主都有义务支付他们的部分HOA或Condo费用. 协会有权对任何未缴会费征收滞纳金和利息. 如果协会被迫寻求法院干预, most associations are allowed to charge the delinquent homeowner for its reasonable attorney’s fees and costs in collecting the unpaid assessments. Some governing documents allow the HOA/Condo board to prohibit a homeowner from using common amenities until all assessments are paid in full. Additionally, Virginia law and most governing documents give the HOA or Condo the right to place a lien on a delinquent homeowner’s property and, ultimately, 如果评估没有全额支付,取消对留置权的赎回权.

居屋/共管公寓社区常见的纠纷有哪些?
在社区协会的舞台上可能会出现各种各样的纠纷. A dispute may arise when the HOA or Condo attempts to impose a rule that is not actually included in the association’s covenants. Disputes also arise when injuries are sustained on the property due to alleged negligent maintenance of the common areas and when members of the association believe the association funds are being mismanaged. It is also common for disputes to arise between boards and contractors concerning vague or ambiguous contracts or for negligent work. Probably the most common type of dispute involves disputes between two neighbors who are both members of the association and between members and the board.

The attorneys at Pender & Coward, P.C. 在HOA治理和Condo治理方面建立了领导者的声誉. 代表住宅共管公寓协会时, 业主合作协会, developers, 以及契约限制社区内的单位和地块的所有者, 我们的律师对正在发生的问题作出迅速而经济的回应. We fully understand the budget constraints faced by most community associations and realize that legal fees must be reasonable and transparent. 我们的目标是以高效的方式提供负担得起的法律咨询.

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