Community Association Management

We understand the every-day challenges faced by boards and their managers and work tirelessly to make sure their legal needs are addressed promptly and efficiently.

We have been representing condominium and homeowner associations throughout North Carolina for over a decade. Currently representing close to 1,000 associations throughout North Carolina and South Carolina. We understand the issues, have the solutions and are here to help. Homeowner and condominium association clients and their property managers rely on Brownlee Whitlow & Praet for all of their legal needs, including but not limited to:

  • Collection of Assessment/Dues
  • Covenant and Restriction Violations
  • Drafting and Amendment of Governing Documents
  • Association Operations
  • Homeowner Disputes
  • Fair Housing Defense and Compliance
  • Developer Transition

Covenant and Restriction Violations

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Drafting and Amendment of Governing Documents

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Association Operations

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Fair Housing Defense and Compliance

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COLLECTION OF ASSESSMENTS

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DEVELOPER TRANSITIONS

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Covenant and Restriction Violations

Our attorneys regularly represent and advise community associations on the enforcement of their governing documents, including but not limited to, Declarations (or Restrictions), Bylaws and Rules and Regulations implemented by the Board. We will review your documents and advise you on whether the provision in question is legally enforceable. We can walk you through the enforcement process from notice, to hearing, to appropriate penalties and ultimately legal action should it become necessary. 

Drafting and Amendment of Governing Documents

From assisting with the initial formation of the community and its governing documents, to advising Boards on the process by which they can amend those documents; our attorneys have experience with it all. We can review your governing documents and guide the Board on the procedure to properly amend the Declarations or Bylaws. In addition, we regularly assist our Community Association clients with the formation and interpretation of rules and regulations the Board wishes to impose so that when enforced they can be confident it will hold up.

Association Operations

Our attorneys regularly advise Boards on general operations of their communities including the proper procedures for meetings of the Directors or membership, handling of due process hearings for covenant violations, committee appointment, nomination and voting procedures, etc.

Fair Housing Defense and Compliance

Our firm has a great depth of experience in dealing with fair housing related issues. With ever increasing enforcement and extensions to those afforded protections under the Fair Housing Act, it can be challenging to make sure you do not inadvertently step over a line. Our attorneys regularly advise clients on accommodation and modification requests along with accessibility issues. Boards should always be mindful of the role they play in monitoring disputes between homeowners as liability can be created based on the lack of Board action in light of the Housing and Urban Development guidance on hostile environment related claims. We provide both advance training on these issues and representation when an issue arises.

Collection of Assessments

One of the most common services provided to our association clients is the collection of assessments. Our attorneys utilize a systemized process for the collection of outstanding assessments, so we are able to offer predictable and competitive flat fee rates. In addition, we can work with Boards and management companies to establish collection strategies or policies. We understand that unpaid assessments have a direct impact on any community’s bottom line and are focused on providing swift and cost-effective solutions to reduce these liabilities. We provide regular reports to all of our Association clients and/or their management companies for our collection files so that they are informed of every step and communication along the way.

Developer Transitions

The transition from developer control of the board to owner control is a process that can take many months and possibly years to complete. We advise clients on every step of this process so that the transition is completed as smoothly as possible and the rights and needs of the owners in the community are protected and preserved. We regularly advise boards on a transition checklist of things that they need to make sure are done as part of this process.