Community Association

Langenberg Law knows how to guide you through the fundamental steps operating a newly formed or transitioning association, including:

Interpreting state and federal law with regard to your association’s goals
Drafting or revising covenants and association bylaws
Drafting or revising initial rules, regulations and other association policies
Addressing with local government requirements such as zoning
Negotiating construction, employment and vendor contracts
Handling transition issues between the association and the developer, including warranty and bond release matters

Langenberg Law helps you position your association to succeed and comply with its governing documents.

Counseling for ongoing operations

Langenberg Law provides effective counseling on many routine matters. Langenberg Law will attend your board meetings upon request and communicate in the most efficient means possible, offering information and direction on topics such as:

Delinquencies
Individual Delinquent Account reviews with Boards
Legal questions that arise in the day to day operation of the Association
Bylaw interpretation and enforcement
Resolutions preparation
Elections
Resale disclosure compliance

Amendments to governing documents
Special assessments
Insurance matters
Service contracts
Owner disputes

Preparation of Resolutions.
Preparation of letters and Memos answering questions of Board Members.
Guidance to the Board of every day disputes and conflicts involving the HOA.
Preparation of Charters to create Board Committees.
Review and revisions as requested and needed to the Architectural Guidelines.
Guidance and institution of suits for violation enforcement against homeowners.
Guidance to the Board to fulfill their fiduciary duties.
Attending Board Meetings.
All other legal matters that arise regarding the Association.

Langenberg Law has extensive experience in representing Associations with respect to complex and challenging issues such as creating committees, interpretation of statutes that impact the Association, architectural guidelines enforcement, amendments to the Declaration and Bylaws, liens and assessments, rules enforcement and interpretation, fiduciary duties of the Board, voting, disclosures, parking, litigation, as well as providing legal advice concerning special and annual meetings and attending meetings.

Langenberg Law help negotiate creative, efficient solutions to Association concerns and disputes.

When community association members fall behind on the payment of assessments and other fees, Langenberg Law takes prompt action because Langenberg Law understands that assessments are vital to an association’s financial health.

Whether the delinquent payments are HOA assessments, condominium association dues or cooperative carrying charges, Langenberg Law knows how to effectively handle collections.

Because delinquency is such a common problem for associations, Langenberg Law has an extensive and experienced team devoted exclusively to assessment collections. Langenberg Law immediately initiates legal proceedings knowing that the delinquent member has refused to pay his/her assessments. Langenberg Law handles all phases of the collections process and through the collection process analyzing each account on an individual basis from its past experience employing those avenues that are most effective.

Once an account is turned over, we will:

Institute suit,
Obtain judgment or make payment plan arrangement.
After judgment, proceed with Summons to Answer Interrogatories and Subpoena to obtain information for garnishment and other post-collection efforts found to be effective by Langenberg Law.
Prepare garnishments and other post judgement collection pleadings.
Forward all moneys received from homeowners.
Update and advice regarding the progress on the collection of moneys of each account, answer questions regarding particular collection matters, and discuss additional collection proceedings such as filing Memorandum of Liens and initiating foreclosure.

representing homeowners association and condominium associations in court, attending board meetings, assisting in drafting documents, coordinating with clients and opposing counsel, assist with negotiations, collect information, organize discovery, and draft, coordinate and assemble filings, negotiating construction, employment and vendor contracts, drafting and revising rules, regulations and other association policies, bylaw interpretation and enforcement, membership arrears/delinquency, eminent domain, corporate practice and procedure issues, covenant, bylaw and rule enforcement and general homeowners and condominium association legal representation.

Langenberg Law also has experience representing associations as creditors in bankruptcy proceedings to continue the collection process even if a member files bankruptcy.

Langenberg Law understands that collections are vital to associations and strive to provide services in a cost-effective manner. Many tasks are handled on a flat fee basis, such as preparing lawsuits including post-judgment filings. Other collections matters are billed hourly. For court appearances, most services are already included in the flat fees. Unlike some firms who charge extra for routine court appearances or charge a minimum fee for routine court appearances.

Langenberg Law keeps the Association including its Board of Directors apprised of our collection efforts with detailed status reports including Langenberg Law either attending executive session board meeting or telephone conferences reviewing with the Boards all collection efforts on each delinquent account in detail.