Our Condominium and Community Associations practice group is experienced in the formation, operation, and termination of all types of common interest ownership communities, including residential, commercial, and industrial condominiums, cooperatives, community associations, and planned communities (fee, leasehold, flexible, and age-restricted). We work with developers in the design, formation, modification, and expansion of condominiums and planned communities, both large and small.
We pride ourselves on working closely with association boards and/or management to identify issues before they become future problems. We provide quality, practical advice that meets the needs and objectives of our clients.
We have significant experience in, and provide support and guidance with respect to, the following services frequently needed by developers and community associations:
- Drafting and updating declarations, bylaws, rules and regulations, and public offering statements
- Providing guidance on the preparation of plats and plans and securing unit tax parcel numbers
- Providing guidance and drafting documents pertaining to declarant transfer of control
- Enforcing declaration and rule violations and assisting with the collection of unpaid assessments
- Providing contract drafting, review, and negotiations for service and material vendors, telecommunications and cable providers, reserve studies, and capital improvement and replacement projects
- Providing review of loan documentation for financing
- Assisting lenders in situations where developers default and/or file for bankruptcy and the lender is left to “fix” problems of the association and its members, including completing the construction of improvements, conveying the common elements, and securing association financing
- Litigation, including construction claims, breach of contract, and personal injury claims
- Providing guidance on regulatory, corporate, insurance, liability, and employment matters
- Providing guidance on federal laws and regulations impacting common interest ownership communities, including the Fair Housing Act, the Americans with Disabilities Act, FCC Satellite Dish regulations, HUD and Fannie Mae financing approval, the Fair Debt Collection Practices Act, and related matters
- Providing guidance on corporate governance, board elections, director responsibilities and fiduciary duties, and related matters
Our clients include numerous community associations, ranging in size from 12 units to 305 units, for whom we serve as both general counsel and as special counsel for specific projects. We work with self-managed associations as well as those that employ management companies. Our fee structure still reflects the values of a “county” practice, although our service and expertise is the equal of any Philadelphia firm.
Recent Representative Matters
- Modified the structure of an existing office condominium comprised of unit buildings to further subdivide buildings into office units, thereby enabling the sale of office space of varying dimensions to third parties.
- Successfully litigated the defense of a 450-unit condominium association in a multi-million dollar lawsuit claiming the association improperly allocated expenses between mid-rise units and garden-style units.
- Terminated a business condominium with a complex ownership structure to enable a hospital to further develop its medical complex. The condominium was originally created to build a medical facility on a land unit using construction financing. We accomplished the termination while leaving existing financing arrangements intact.
- Successfully resolved to the Board’s satisfaction, and without needing to resort to litigation, repeated violations of rules and restrictions relating to pet ownership and parking in a 104-unit condominium.
