Community Associations

Over 20 percent of all homes in the United States are located within property owners’ associations, including homeowners’ associations, condominium communities, and cooperatives. Nationwide, approximately 8,000 new community associations are formed each year and almost $85 billion is paid out in assessments annually. The growth in the number of community associations means an increase in litigation. As litigation involving property owners’ associations proliferates, Thompson Coe is equipped to meet the evolving challenges of its clients.

Property owners’ association cases often involve complex issues and skilled practitioners must be versed in the law relating to real estate and property, zoning, regulations at the local, state, and federal levels, constitutional questions, torts, and contract interpretation of governing documents. Thompson Coe’s property owners’ association practice reflects significant experience and in-depth understanding of the unique issues associations and their boards face related to all types of claims and grievances.  Thompson Coe is well positioned to provide cost-effective representation to address the myriad of disputes associations might encounter.

The firm has represented associations, individual board members, and community management companies in a wide range of litigation involving:

  • Wrongful foreclosure of assessment liens
  • Challenge to Architectural Control Committee decisions
  • Contest of Board elections
  • Compliance with Declarations, Bylaws, and Rules
  • Enforcement of deed restrictions
  • Disputes with contractors for payment
  • Termination of vendors and community managers
  • Accounting for collection of assessments and fines
  • Corporate governance under Declarations, Bylaws, and Non-Profit statutes
  • Leasing of property owner’s units
  • Fiduciary duty claims against Board members
  • Libel or slander allegations against Board members
  • Board’s discretionary authority
  • Obligation for access to books and records
  • Procedure to amend Declarations and Bylaws  
  • Zoning and ordinance compliance
  • Personal injury and property damage claims
  • Defect claims for original and remedial construction 
  • Business torts related to Board and management decisions