Community Associations, Co-Ops, and Condominiums
The Simmons Law Firm has unparalleled experience representing common interest developments. We have represented cooperatives, residential and commercial condominium associations, planned developments as well as large residential retirement and single-family home communities throughout Northern California and New York.
We offer a full range of expert legal assistance including amending and enforcing governing documents, proprietary leases, and declarations, assisting with elections, drafting and reviewing contracts, advising on neighbor disputes, preparing proper disclosures for prospective buyers, and handling construction contracts disputes.
We understand that common interest developments, cooperatives, their boards of directors, and their managers are concerned with obtaining legal services at a reasonable cost. Our fees are tailored to the legal needs of our clients. We can provide an efficient response and effective representation to most problems on a flat fee basis.
We can assist your homeowners’ association, condominium associations, and co-op board with every facet of representation including:
- Governing Document Review, Amendment and Rewrite. The Simmons Law Firm is proficient and experienced in interpreting, amending, and when necessary, rewriting Bylaws, CC&Rs, Declarations, Proprietary leases, House rules, Policies, and Rules. Our amendments incorporate all of the latest changes to statutes that govern the operations and policies of community associations, co-ops, and condominium associations.
- Governing Document Enforcement. We work closely with our associations and board of directors to vigorously enforce the declarations, proprietary leases, house rules, declarations, proprietary leases, house rules, and CC&Rs but with the understanding that no two owners are alike. We consider each individual owner’s needs without compromising the interests or the rights of their neighbors or the association as a whole.
- Board of Directors Guidance. We provide legal guidance, analysis, and effective representation to Boards of Directors on a variety of issues including, but not limited to, CC&R enforcement, homeowner disputes, directors’ fiduciary duties, as well as the Board of directors and association’s relationship with third parties such as construction contractors, management companies and/or lending institutions. In addition, we draft opinion letters advising on legal issues that can impact the operations, structure, or fiscal health of a community association and Condominium associations, and board of directors.
- Legal Issues and Contracts. The Simmons Law Firm is skilled at writing and reviewing contracts, demands, and communications with vendors as well as drafting informational letters to homeowners. We will attend board and special meetings, address questions and criticisms, and provide status on any pending legal matters the members at large.
- Elections. The Simmons Law Firm is trained to conduct elections, prepare ballots and other election materials, determine quorum, eligibility, election requirements, and provide expert legal opinions to address any challenge to an election that might arise.
- Dispute Resolution. We prefer to keep an association out of trouble by way of comprehensive and thoughtful on-going consultation. But in the event an association is forced into litigation, we are equipped with the right experience to successfully tackle all of your litigation needs. Our ultimate goal is always to achieve the best possible result, in the most cost-effective manner, with the least amount of disruption to the community association and its members.
- Additional Services. The Simmons Law Firm also provides the following legal services:
- Premises liability and general liability defense
- Interpretation of relevant statutes, regulations and ordinances
- Assessment collection and lien procedures
- Architectural control committees and compliance
- Claims by and against vendors, contractors, suppliers
- Subrogation of claims