Professional Liability

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

Firm Highlights

Publication

Recruiting in 2021

What is Robert Half’s process? How do they make sure that you get the best candidate for the role? Join Kevin and Andrew McNaughtan, Director of Legal Permanent Placement from Robert Half, talk about the candidate...

Experience

Thompson Coe Obtains Texas Supreme Court Victory in Shooting Accident Suit

Experience

Claims Handling & Litigation: 2021 Freeze and Power Outage Catastrophe

News Item

Thompson Coe Attorneys Argue Before the Texas Supreme Court

News Item

Thompson Coe Partner Gary Pate Wins Complete Defense Verdict in Bench Trial Involving Real Estate Dispute

Publication

The 2020 HR Recap

We’ve made it to the recap episode! The good, the bad, the ugly, and everything in between. Join Kevin and Elaine (Lainey) Luthens as they discuss it all including FFCRA legislation, OSHA, what they...

News Item

Thompson Coe Among Most Active Insurance Litigation Firms in the US, Study finds.

Thompson Coe Cousins & Irons was named among the most active law firms for insurance litigation over the past three years, according to LexMachina’s 2021 Insurance Report. Other firms identified in the report include...

Publication

The COVID-19 Vaccine Part 2

The golden question: can you mandate the COVID-19 vaccine? EEOC has now given guidance surrounding vaccines in the workplace. Join Kevin Mosher and repeat guest, Stephanie Rojo from the Thompson Coe Austin office talk...

Experience

COVID-19 Response Team - Resources and Updates

Publication

Concurrent Causation Is Key In Texas Storm Insurance Suits

The 2020 Atlantic hurricane season, which ran from June 1 to Nov. 30, was a record-setting year according to the National Oceanic and Atmospheric Administration.[1] The season produced 30 named storms, including 13 hurricanes...