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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 in assessments is paid out annually. The growth in the number of community associations has led to an increase in homeowner’s association litigation. As litigation involving property owners’ associations proliferates, Thompson Coe is equipped to meet the evolving challenges of its clients.

Property owners’ association law cases often involve complex issues, and skilled practitioners must be versed in real estate and property law, zoning and local, state, and federal regulations, constitutional questions, torts, and contract interpretation of governing documents. Thompson Coe’s property owners’ association practice reflects significant experience and an in-depth understanding of the unique issues associations and their boards face regarding 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.


Litigation

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 the 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 the collection of assessments and fines
  • Corporate governance under Declarations, Bylaws, and Non-Profit statutes
  • Leasing of property owners’ 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 the 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

People

James L. Sowder
Partner

James L. Sowder

214-871-8267
Email

Thomas A. Culpepper
General Counsel

Thomas A. Culpepper

214-871-8233
Email

Cory S. Reed
Partner

Cory S. Reed

713-403-8213
Email

Brian D. Hensley
Partner

Brian D. Hensley

512-703-5083
Email

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