ABOUT OUR FIRM
The nature of legal services needed by associations is as varied and different as the associations themselves. Legal services for associations involves a hybrid of more conventional specialty areas including real property, corporations, litigation, construction and insurance. Community association attorneys must be educators, problem solvers, corporate advisors, decision facilitators and advocates. Swedelson & Gottlieb combines all of these qualities and expertise in representing associations; associations are the only clients we represent! We have the practical experience associations need; we do not have to"reinvent the wheel".
Swedelson & Gottlieb handles litigation as well as the day to day conciliatory and general counsel work of associations. We have specialists for the battles, along with a backbone of even-tempered mediators who specialize in resolving disputes internally, interpreting and updating governing documents, and dealing with the normal questions that arise in the operation of an association's business.
SERVICES PROVIDED
Design/Construction Defect Recovery Swedelson & Gottlieb is recognized for its successful representation of community associations and the recovery of damages caused by defects in the design, construction and development of community associations.
Swedelson & Gottlieb will:
- Develop a plan of action to successfully resolve community associations' defect claims.
- Consult with the Board of Directors regarding disclosure obligations and prepare the appropriate disclosures to members.
- Retain the appropriate experts necessary for the prosecution of the Association's claims, remedial repairs during the pendency of the litigation, as well as repairs once the claims have been resolved.
- Mediate and settle construction defect litigation.
- Provide planning for management of repairs and claims. Corporate Affairs General Counsel Because we specialize in this area of the law, we are able to provide sound practical advice to our community association clients.
- Legal opinions relating to the association's operation and any matters affecting associations and Board of Directors administration of the association's business.
- Our attorneys are available to attend Board meetings and provide guidance to the association on any legal matter.
- Our firm will consult with the Board of Directors regarding the appropriate and effective method of amending and revising the association's governing documents when and if necessary.
- Assisting the association in the drafting and revising of its regulations and procedures.
CC&R and Rules Reinforcement
Because of our many years representing community associations, and because of our experience in the enforcement of CC&Rs, we are able to provide Boards of Directors with sound and appropriate interpretation of the CC&Rs and rules and regulations, as well as advice regarding the possible outcomes and projected cost of enforcement options. Our experience also allows us to provide a legal opinion regarding the association's position on CC&R enforcement.
Our litigation attorneys have experience handling all types of disputes, utilizing, when possible, Alternative Dispute Resolution including arbitration, mediation, and other high tech forms of resolution available to community associations. If a dispute cannot be resolved without litigation, our attorneys' proven track record in successful litigation of enforcement matters will greatly assist in ensuring no erosion of the association's governing powers.
Common Area Repair and Replacement Because many of our association clients are "maturing," and in some cases suffering from deferred maintenance, our firm is experienced in developing comprehensive plans for the successful repair and replacement of the common area components, ensuring compliance with Civil Code §1364.
- We will review your financial operation to assist in financial planning and prepare a specific program of legal options to meet both existing and future repair requirements.
- We will review and negotiate as well as draft contracts for repair and replacement of common area components.
- Our firm has relationships with many of the leading banks in the state who specialize in providing services to community associations. We will assist the Board in preparing the appropriate documents for loan applications.
-
Delinquent Assessment Collection
Through Association Lien Services, the assessment collection division of Swedelson & Gottlieb, we utilize a four step systemized procedure, commencing with notification to the unit owner of the delinquency and continuing with recordation of a Notice of Delinquent Assessment (the "lien"), followed by the commencement of a non-judicial foreclosure proceedings, if necessary.
- Attorney-supervised, systemized non-judicial foreclosure
- Most delinquencies cleared within 90 days
- Fees are charged to the delinquent homeowner, not the association
- Monthly Status Reports
Non-judicial foreclosure does not require a lawsuit or court order. An association can immediately proceed with the foreclosure on a trust deed. The delinquent homeowner can stop the foreclosure process only by paying the delinquent assessments, or by applying to the court for an injunction. By using the services of Association Lien Services, the association pays no deposit or advance fee – all fees and costs are billed to the delinquent homeowner. We believe non-judicial foreclosure is the fastest and most effective way to collect overdue assessments. In more than 90% of cases, the delinquent assessments, costs, and fees are collected.
For delinquencies that cannot be resolved non-judicially, Swedelson & Gottlieb will assist in preparing and serving a small claims action or, depending on the amount of delinquency, will handle a municipal court lawsuit.
FEE ARRANGEMENTS
Because our firm limits its practice to the representation of community associations, we understand the practical limitations on an association's financial resources. We are able to tailor a fee arrangement which respects the association's needs while providing that it obtains the appropriate legal representation.
We offer the following types of fee arrangements: Hourly. Most services are provided on an hourly basis. For those associations who only need legal help on an occasional, or as needed basis, this type of fee arrangement provides them with that type of flexibility. Retained Services. For a set annual fee, our firm will receive an array of benefits and legal services without further legal charge including the following:
- Legal audit - A comprehensive review of the association's operation.
- One-half hour in-office consultation on new matters
- Within reason, unlimited brief telephone calls on new matters
- Initial attorney demand letters to obtain homeowner's compliance with CC&Rs and rules
- Attorney attendance at one association meeting during the retainer period
- Response to financial auditors annual inquiry
- Preparation of annual meeting documents
- Reduced rate for vendor contract review and negotiation
- Other types of retained services are available to suit the specific needs of your association Contingency.